MM  III<;A>  STATi:  CAl'ITOK 


IE!  IE 


Government  of  Michigan, 

ITS  HISTORY  AND  JURISPRUDENCE. 

ALSO,    A    BRIEF    OUTLINE    OF    THE 

iit  of  the  United  States. 

CHARLES    R.    BROWN. 


SECOND  EDITION,  REVISED  AND  CORRECTED 


PUBLISHED    BY    MOORE    &    QUALE. 
KALAMAZOO,  MICHIGAN. 


1874. 


•,-,,ruing  to  Ac-t  of  emigres,  in  the  year  1S74,  by 

CHAKLES  H.  1JROWN, 
in  tin;  Office  of  tin-  Librarian  of  Congress,  at  Washington. 


TABLE   OF   CONTENTS. 


GOVERNMENT  OF  MICHIGAN. 

CHAPTER.  PAGE. 

1.  History  of  Michigan.     Origin  of  the  Name  —  Explorations 

and  Labors  of  the  French  Jesuits, 9 

2.  French  Missionaries  and  Traders — Establishment  of  Military 

and  Trading  Posts  —  Surrender  of  the  Territory  to  the  Eng 
lish—  The  Pontiac  War 11 

8.    Indian  Hostilities — Michigan  and  the  Northwestern  Terri 
tory—  War  of  18 '2,        .        .        .        .        •        .        .        ,13 

4.  Michigan  as  a  Territory  —  The  University  —  Treaties  with 

the  Indians  —  Governor  and  Judges  —  Legislative  Council,      15 

5.  The  Toledo  War  —  Settlement  of  the  Difficulty  by  Congress,      17 

6.  Michigan  as  a  State  —  Banking  —  Internal  Improvements,      18 

7.  Extent  of  Territory  — Resources  of  the  State,        .        .  22 

8.  Governors  of  Michigan, .23 

9.  Michigan  During  the  Rebellion,        ...  24 

10.  Origin  of  the  Names  of  Comities — Dates  of  their  Organiza 

tion, 25 

11.  Of  the  Survey  of  the  Public  Lands — Subdivisions  of  Town 

ships  and  Sections, .32 

12.  Of  the  Organization  of  Government,  and  the  Exercise   of 

Sovereignly, 35 

13.  Of  Laws  and  their  Necessity  —  Rights  and  Duties,        .        .      37 

14.  Of  the  Different  Forms  of  Government  —  Constitutions,  and 

the  Purpose  they  Serve,  .......      38 

15.  Government  of  Michigan  —  Division  of  the  Powers  of  Gov 

ernment,  .  40 

1C.    Election  of  Slate,  County,  and  Township  Officers,        -        .  41 

17.  Qualifications  of  Electors  —  Naturalization  of   Foreigners,  42 

18.  Elections,  how  Conducted  —  Challenge  of  Persons  Offering 

to  Vote, 46 

19.  Of  Elections  (continued)  —  Canvass  of  Votes  and  Return  of 

Statements,       .......  47 

20.  Of  Elections  (continued)  —  Proceedings   in  Case   of   a  Tie 

Vote  —  Canvassers  —  Constitutional"  Amendments,      .        ,       48 


871603 


JV  TAKLE    OF    CONTENTS. 

CHAPTKK.  rAOE 

21     How  the  President  and  Vice-President  of  the  United  States 

are  Elected, 50 

22.  Of  the  Legislative  Department —  Its  Powers  and  Duties,       .       51 

23.  Of   the   Enactment    of  Laws  —  Election    of   United    States 

Senatois .53 

24.  Executive  Department  —  Duties  of  the  Governor  and  other 

Officers 56 

25.  Of  State   Officers  and  their   Duties   (continued)  —  Auditor- 

General—State  Treasurer  —  Commissioner  of  the  Land 
Office  —  Superintendent  of  Public  Instruction — Attorn  ey- 

.,  ,  iro 

General, • 

26.  Of  State  Boards  and  Commissioners, (50 

27.  Of  Counties  and  County  Officers, 05 

28.  Of  C'ountv  Officers  —  County  Treasurer  —  Judge  of  Probate 

—  Prosecuting  Attorney  —  County  Clerk  —  Sheriffs,  .        .      67 

29.  Of   County   Officers   (continued)  —  Coroners  —Register  of 

Deeds  —  County   Surveyors — County   Superintendent  of 
Schools, 69 

30.  Of  County  Officers  (continued)  — Circuit  Court  Commission 

ers—Superintendents  of  County  Poor  —  Notaries  Public 

—  Inspectors  of  Provisions  and  other  Merchandise,  .         .      71 
81.    Of  Townships  and  Township  Officers  — Supervisor  —  Town- . 

ship  Clerk  —  Township  Board  —  Township   Treasurer  — 

Constables, 72 

32.  Of  Township  Officers  (continued)— Commissioners  of  High- 
ways  —  Overseers  of  Highways — School  Inspectors  — 
Pound-Masters 74 

83.  Cities  and  Villages 75 

84.  Of  the  Military  Department  —  State  Troops  —  General  Offi 

cers  —  Organi/.atiou   of   Regiments  —  Regimental   and 
Company  Officers 77 

85.  Of  the  Judicial  Department  —  Justices'  Courts  —  Jurisdic 

tion  —  Commencement  of  Suits  —Incidents  of  a  Trial,     .      79 
36.    Of  Jury  Trials —  How  Judgments  are  Executed  or  Satisfied 

—  Criminal  Jurisdiction  of  Justices  of  the  Peace,    .        .      83 
87.     Of  Proceedings  before  Justices  of  the  Peace,  in  Criminal 

Cases, .85 

38.  Probate  Courts  — Their  General  Duties  and  Powers — Cir 
cuit  Courts  and  Supreme  Court  —  Their  Duties  and 

Powers ...      88 

30  Public  Instruction  —  District  Schools — School  Officers, 
their  Powers — Penalty  for  Failure  to  Send  Children  to 
School, 92 

40.  The  State  Normal  School  —  State  University  —  Agricultural 

College  — State  Public  School,      .  .     *    .         .         .         .94 

41.  Of  Benevolent  Institutions,        .  ....       96 

42.  Penal  and  Reformatory  Institutions, 98 

43.  Assessment  and  Collection  of  Taxes, 100 


TABLE    OF    CONTENTS.  V 

•CHAPTER.  PAGE. 

44.  Title  to  Real  Property  by  Descent, 103 

45.  Of  Weights  and  Measures, 107 

46.  The  Public  Health, 109 

47.  Of  Fences  and  Fence- Viewers —  When  no  Damages  Allowed 

for  Injuries  by  Trespassing  Animals, 110 

48.  Money  and  Interest, Ill 

49.  Of  the  Support  of  Poor  Persons, 112 

50.  Of  the  Lien  of  Mechanics  and  Others, 114 

51.  Domestic  Relations —  Registration  of  Births,  Marriages,  and 

Deaths  —  Divorce, 118 

52.  Of  the  Domestic  Relations  (continued)  —  Husband  and  Wife 

—  Rights  of  Married  Women, 121 

53.  The  Internal  Police  of  the  State  — Of  Disorderly  Persons  — 

Who  Required  to  Give  Security  for  Good  Behavior,  .        .     123 

54.  Of  the  Observance  of  the  Sabbath  —  Gaming  and  the  Penal 

ties  Therefor, 124 

•55.    The  Law  of  the  Road  —  Conduct  of  Drivers  —  Destruction 

of  Timber  Marks, 127 

56.  Lost  Goods  and  Stray  Beasts, 129 

57.  Running  at,  Large  of  Animals  —  Unclaimed  Property  —  The- 

atrical  Exhibitions  and  Shows  —  Gunpowder — Dogs  — 

Sheep, 131 

58.  Laws  for  the  Protection  of  Fish, 135 

59.  Of  the  Protection  of  Game,  Song  Birds,  and  Musk-Rats,       .  138 
CO.    Trespass  upon  Cranberry  Marshes — Canada  Thistles,  Destruc 
tion  of, 142 

•61.     Intoxicating  Liquors — Manufacture  and  Sale  of,  Prohibited,     143 

62.  Of  Crimes  and  Misdemeanors  —  Treason  —  Murder  —  Duels 

—  Manslaughter  —  Maiming  —  Robbery  —  Malicious 
Threats — Marriage  under  Duress  or  by  Force — Unlawful 
Imprisonment — Kidnapping, 147 

63.  Of    Crimes  and   Misdemeanors   (continued)  —  Attempts    to 

Poison  —  Taking  or  Enticing  Children  Away  from  Pa 
rents  or  Others  —  Abandonment  of  Children  —  Careless 
Use  of  Fire-arms, 150 

64.  Of    Offenses    Against  Property  —  Burning  Buildings   and 

Other  Property  —  House-Breaking,  etc.  —  Larceny  —  Re 
ceiving  Stolen  Goods —  Embezzlement,       ....     151 
•65.     False  Representations  and  Pretenses  —  Destruction  and  Fit 
ting  Out  of  Vessels,  with  Malicious  Intent  —  Malicious 
Injuries  —  Burglar's  Tools  —  Larceny  in  Other  States- 
Injuries  to  Shade  Trees —  Of  Certain  Trespasses,      .        .     153 
66.     Of  Offenses  Upon,  and  in  Relation  to  Railroads  and  Cars,    .     155 

<:7.     Of  Forgery  and  Counterfeiting, 156 

08.     Of  Offenses  Against  Public  Justice  —  Perjury  —  Bribery  — 
Escape  of  Prisoners  —  Duties  of  Officers  and  Others  in 

Arresting  Offenders, 158 

<69,     Of   Certain   Offenses — Falsely  Assuming  to   be   a   Public 


VI  TABU:  OF  CONTENTS. 

PAGE. 

'  Officer  — Conceal  ing  or  Compounding  Offenses —  Extor 
tion  by  Officers  — Resistance  to  Officers  — Riots—  Moles 
tation  of  Laborers,         .        .  •        •        •        •        •    JJJ* 

70  Offenses  Atrainst  Chastity,  Morality,  and  Decency, 

71  Of  Offense!  Against  Public  Policy-Lotteries -telegraph  c 

Messages  —"Offenses  Against  Election  Laws  —  Cruelty 
to  Animals, 


GOVERNMENT  OF  THE  UNITED  STATES. 

PAGE* 

1  Colonial  Governments  — Government  Under  the  Articles  of 

Confederation  -  Organization  of  the  Federal  Government      100 

2  Executive   Department  of  the  Government   of  Hie    United 

glfttes  — The  Different  Secretaries  and  their  Duties,  .  >     .     i<* 

3.  Legislative  Department  of   the  Government  <  ^ 

4.  Judic7a7Si>epartraent  of  the'Governm'ent  of  the  Uniied  States,    174 


PREFACE. 


The  object  of  this  work  is  to  supply  a  want  long  felt  and 
now  fully  recognized  by  the  people.  Books  have  been  writ 
ten  on  the  science  of  government,  which  have  gained  admit 
tance  into  our  schools;  and  many  of  our  youth  have,  in  this 
way,  acquired  much  valuable  information.  They  have  learned 
some  of  the  first  lessons  of  civil  government,  and  have  been 
made  acquainted  with  an  outline  of  the  government  of  the 
United  States,  but  as  yet  they  have  not  been  supplied  with 
that  information  concerning  our  own  State  Government,  and 
our  own  responsibilities  and  duties  so  important  to  enable  us 
to  act  well  our  part  as  citizens. 

If  the  succeeding  pages  of  this  work  shall  serve  to  impart 
a  knowledge  of  our  civil  jurisprudence,  and  of  the  framework 
and  machinery  of  our  State  Government,  if  they  shall  furnish 
an  insight  into  our  political  institutions,  then  surely  it  will 
inspire  in  the  hearts  of  those  who  study  them,  a  devotion  to 
those  institutions;  and  the  more  we  know  of  them,  the  more 
shall  we  admire  the  wisdom  and  appreciate  the  statesmanship 
of  the  great  and  good  men  whose  business  it  was  to  lay  broad 
and  deep  the  foundations  upon  which  we,  as  a  State,  have  built 
and  are  building. 

The  demand  for  a  second  edition,  within  two  months  from 
the  time  when  the  first  was  issued,  has  encouraged  the  author 
to  revise  the  work.  It  is  hoped  that  the  historical  sketch,  and 
other  matter  which  has  been  added  to  this  edition,  will  greatly 
enhance  its  value  and  usefulness  as  a  text-book. 

To  J.  E.  Scripps,  editor  of  the  Detroit  Evening  News,  the 
author  is  indebted  for  a  portion  of  the  matter  embraced  in  the 
historical  sketch  ;  and  to  W.  S.  George,  editor  of  the  Lansing 
Republican,  for  the  matter  of  which  the  chapter  relative  to  the 
names  of  the  counties  is  composed. 


TO  TEACHERS  AND  PUPILS. 


In  preparing  the  following1  work,  the  author  has  consulted 
with  a  number  of  prominent  educators  in  the  State,  as  to  the 
best  plan  for  presenting  the  matter  contained  therein.  While 
all  agree  that  it  is  desirable,  in  writing  a  text-book,  to  employ 
such  language  as  shall  be  comprehended  by  the  youngest 
student,  yet,  on  the  whole,  it  is  believed  to  be  better  in  a 
work  of  this  kind,  to  use  ordinary  language,  and  even  tech 
nical  terms  when  sm-h  are  used  in  the  law  books  to  which  we 
have  occasion  t<>  relVr.  These  words  and  terms  must,  sooner 
or  later,  be  comprehended;  and,  in  the  judgment  of  the  author, 
it  would  be  unwise  to  attempt  to  exclude  them.  But,  for  the 
benefit  of  the  younger  students,  it  has  been  thought  advisable 
to  print  all  words,  the  definition  or  meaning  of  which  it  is 
conceived  may  not  readily  occur  to  them,  in  italic*.  The 
definition  of  most  of  the  words  printed  in  italics  will  be  given 
in  an  '//*/"  //'/'>  arranged  in  alphabetical  order,  and  to  which 
the  student  can  easily  refer.  This  reference,  it  is  believed, 
will  tend  to  fix  the  definition  in  the  memory. 

Some  objection  has  been  made  to  the  introduction  of 
questions,  and  that  upon  the  ground  that  they  are  often  so 
suggestive  of  the  answer  as  to  enable  the  pupil  to  respond 
correctly,  though  ho  may  not  have  fully  mastered  the  text. 
All  this  is  true  when  the  questions  are  leading;  but  when  this 
is  avoided  and  the  questions  are  so  framed  as  to  merely  call 
attention  to  the  subject  under  consideration,  they  serve  a 
most  valuable  purpose.  Those  things  which  the  author  deems 
important,  are  thus  suggested  to  the  teacher,  who,  in  too  many 
instances,  it  is  feared,  would  otherwise  pass  over  them  with 
out  proper  consideration. 


GOVERNMENT  OF  MICHIGAN. 


[For  the  definition  of  most  of  the  words  printed  in  italics,  see 
appendix.] 


CHAPTER  I. 


HISTORY  OF  MICHIGAN. 

MICHIGAN,  ORIGIN  OF    THE    NAME EXPLORATIONS    AND  LABORS 

OF    THE    FRENCH    JESUITS. 

In  the  language  of  the  Chippewa  tribe  of  Indians,  the 
word  Mitchaw,  signifies  great,  and  /Sagiegan,a,\ake.  These 
words  were  applied  by  the  members  of  that  tribe  to  lakes 
Michigan  and  Huron,  which  were  supposed  to  be  one  lake. 
The  land  which  these  lakes  so  nearly  surrounded  was  called 
Michsawgyegan,  meaning  the  Lake  country;  and  from  (his 
word,  Michigan  derived  its  name. 

The  country  constituting  the  present  State  of  Michigan, 
was  partially  explored  by  some  French  explorers  as  early  as 
the  year  1010.  In  1632,  Father  Sagard  visited  the  country 
along  the  shores  of  Lake  Huron.  In  1634,  a  party  of  Indians 
belonging  to  the  Huron  tribe,  visited  Quebec,  a  walled  city  in 
Canada.  On  their  return  they  were  accompanied  by  the 
Jesuits,  Brebceuf  and  Daniel,  who  located  upon  the  shore  of 


10  GOVKKNMENT  OF  MICHIGAN. 

Lake  Iroquois,  a  bay  of  Lake  Huron,  and  instructed  the  natives 
in  religious  matters. 

In  104'1'c  a number  of  French  Jesuits  paddled  a  bark 
car.oe  from  the  St.  Lawrence  rher  up  through  the  Ottawa 
.rjver,  then^6 ' crossing-  over  to  Lake  Xipissing,  thence  down 
tlie  French  river  to  the  Georgian  bay,  and  passing  the  islands 
of  Lake  Huron,  they  reached  the  Falls  of  St.  Mary,  where 
they  established  a  Minion. 

In  1GGO,  Keiie  Mesnard  attempted  an  exploration  of  the 
territory  around  Green  Bay  and  Lake  Superior.  In  October 
of  that  year,  he  reached  a  bay  on  the  south  shore  of  Lake 
Superior,  which  h«»  called  St.  Theresa.  After  remaining  there 
for  about  eight  months,  he  was  lost  in  the  forest.  His  breviary 
and  cassock  were  subsequently  discovered  among  the  amulets 
of  the  Sioux,  by  whom  he  was  probably  murdered. 

In  1GGG,  Father  Allouez  established  a  mission  at  the  Falls 
of  St.  Mary,  imw  called  Sault  Ste.  Marie,  where,  in  1GG8,  he 
was  joined  by  Fathers  Dablon  and  Marquette.  In  the  course 
of  the  next  three  years  they  explored  the  country  along  the 
shores  of  Lake  Michigan,  making  the  entire  circuit  of  that 
lake.  In  1GT1,  Marquette  built  a  chapel  at  Mackinaw,  for- 
merlv  called  Michilimackinac,  also  Mackinac. 

In  MJ 7 3,  Father  Marquette  and  Joliet  sailed  through  the 
Straits  of  Mackinaw  on  their  way  to  discover  the  Mississippi. 
They  were  followed,  six  years  later,  by  Robert  de  la  Salle,  who 
built  and  navigated  the  (iriilin,  a  bark  of  sixty  tons  burden  — 
the  first  vessel  that  ever  limited  MM  the  northwestern  lakes. 
The  Grifiin  had  ou  board  Louis  Hennepin,  the  missionary,  and 
a  party  of  fur-traders,  who  landed  at  Jficftiliumckinac,  and 
erected  a  fort  and  established  a  trading  post. 

Qufstions — Prom  what  did  Michigan  derive  its  name?  In  what 
year  arid  by  whom  was  Michigan  first  explored?  Give  the  dates  and 


GOVERNMENT    OF    MICHIGAN.  11 

particulars  of  the  visits  of  Sagard,  Brebceuf  and  Daniel.  State  what 
was  done  by  certain  French  Jesuits  in  1641.  What  is  said  of  Rene 
Mesnard?  Of  Allouez,  Dablon  and  Marquette?  Of  Marquette  and 
Joliet?  Of  de  la  Salle  and  those  who  accompanied  him  ? 


CHAPTER    II. 


FRENCH  MISSIONARIES  AND  TRADERS ESTABLISHMENT  OF  MILI 
TARY  AND  TRADING  POSTS SURRENDER  OF  THE  TERRI 
TORY  TO  THE  ENGLISH THE  PONTIAC  WAR. 

In  the  fall  of  1679,  La  Salle  and  his  men  went  to  Green 
Bay  and  procured  a  cargo  of  furs  and  dispatched  them  in  the 
Griffin  for  Niagara.  But  the  vessel  was  lost  on  the  voyage. 

From  Michilimackinac,  La  Salle,  and  fourteen  of  his  men,, 
paddled  their  canoes  up  Lake  Michigan  to  the  mouth  of  the 
St.  Joseph  river,  where  they  erected  a  rude  fort. 

In  July,  1701,  Antoine  de  la  Cadillac,  with  a  Jesuit  mis 
sionary  and  one  hundred  men,  located  at  the  present  site  of 
Detroit,  and  commenced  a  permanent  settlement.  Here  they 
erected  a  stockade  which  they  named  Fort  Ponchertrain. 

The  forts  erected  at  Green  Bay,  Ste.  Marie,  St.  Joseph, 
Michilimackinac,  Fort  Gratiot,  Detroit,  and  other  points  were 
designed  as  outposts  by  which  the  claim  of  the  French  to 
govern  the  territory  could  be  supported,  and  the  traders  and 
missionaries  be  protected. 

Prior  to  17GO,  France  claimed  all  of  Canada,  Illinois,  and  to 
the  borders  of  the  Mississippi,  while  the  English  occupied  most 
of  the  country  east  of  the  Alleghany  mountains.  Both  coun 
tries  desired  supremacy  over  the  northern  portion  of  the  New 
World,  and  a  fierce  struggle  between  them  ensued.  In  No- 


12  GOVERNMENT    OF    MICHIGAN. 

vember,  1760,  Detroit,  Michilimaekinac,  and  all  the  posts 
within  the  government  of  Canada  that  wore  in  the  possession 
of  the  Kreneh,  were  surrendered  to  the  Crown  of  England. 

While  some  of  the  Indians  cheerfully  acquiesced  in  the 
change  from  the  rule  of  the  French  to  that  of  the  English,  a 
large  proportion  of  them  were  dissatisfied  and  still  retained  a 
strong  friendship  for  the  French  government;  and  in  the 
month  of  May,  17<;:J,  a  simultaneous  attack  was  made  upon 
the  Forts  of  Le  Bu-uf,  Venango,  Presque  Isle,  Michilimack- 
inac,  St.  Joseph,  Miami,  Green  Bay,  Ouiatonon,  Pittsburgh, 
Sandusky,  Niagara  and  Detroit.  This  attack  resulted  in  a 
most  frightful  massacre  at  each  of  these  points;  Detroit,  Pitts 
burgh  and  Niairara  being  the  only  places  that  did  not  fall  into 
the  hands  of  the  savages. 

Pontiae,  an  Ottawa  chief,  who  lived  on  Pechee  Island, 
about  eioht  miles  above  the  city  of  Detroit,  was  at  this  time 
the  most  prominent  and  influential  leader  among  the  Indians. 
Hence  this  war  is  known  in  history  as  the  Pontiac  war. 

The  siege  of  l)''tn>it  by  Pontiac  continued  for  eleven 
months,  when  the  post  was  relieved  by  Gen.  Bradstreet,  with 
an  army  of  three  thousand  men. 

Que«ti*n*— What  is  said  <>f  La  Salic  and  his  men?  Of  Antoine  de 
la  Cadillac  ami  the  Jesuit  missionaries?  For  what  purpose  were  the 
forts  at  the  ditl'erent  points  erected?  Prior  to  1760,  what  territory  in 
this  region  was  claimed  l.y  Fram-e?  What  was  occupied  by  the 
English?  What  occurred  in  1760?  In  1703?  What  is  said  of  Pontiac  ? 
Of  the  siege  of  Detroit? 


GOVERNMENT    OF    MICHIGAN.  13 


CHAPTER   III. 


INDIAN      HOSTILITIES MICHIGAN      AND     THE       NORTHWESTERN 

TERRITORY WAR    OF    1812. 

During  the  war  of  the  Revolution,  the  Indians  within  the 
territory  now  comprising  the  present  State  of  Michigan,  were 
induced  to  make  war  upon  the  American  settlements  in  New 
York,  Pennsylvania,  and  Virginia. 

In  the  treaty  of  peace  of  1783,  at  the  close  of  the  Revo 
lutionary  War,  there  was  no  express  stipulation  for  the 
surrender  of  the  northwestern  posts,  although  the  territory 
embracing  them  was  clearly  embraced  within  the  treaty.. 
Notwithstanding  this,  the  British  Government  continued  in 
possession  of  them  until  1796. 

The  Territory  of  Michigan  was  organized  in  1805.  For 
sometime  previous  to  that  date,  it  had  formed  a  part  of  the 
Northwestern  Territory,  and  the  present  State  of  Michigan 
formed  a  single  county,  called  "Wayne.  The  seat  of  Govern 
ment  was  at  Chillicothe,  in  the  present  State  of  Ohio,  to  which 
place  the  county  sent  a  representative  until  1800,  when  Indi 
ana  was  erected  into  a  separate  territory  ;  and  two  years  after 
wards,  it  was  annexed  to  this  new-formed  territory,  and 
remained  under  its  jurisdiction  until  1805. 

In  1812,  war  was  declared  between  the  United  States 
and  Great  Britain.  The  chief  causes  of  this  war,  were,  the 
impressment  of  American  seamen,  the  capture  of  American 
vessels,  and  the  enforcement  of  illegal  blockades  by  the  Eng 
lish  Government. 

On  the  12th  of  July,  1812,  General  Hull,  in  command  at 


14  C.OVKRNMEXT    OF    MICHIGAN. 

Detroit,  surrendered  to  the  British  under  General  Brock. 
General  Harrison,  soon  after,  sent  General  Winchester  into 
Michigan  at  the  head  of  a  thousand  men,  with  a  view  to  the 
recapture  of  Detroit.  January  11),  1813,  Winchester  was  at 
tacked  at  Frenchtown,  on  the  river  Raisin,  by  the  British  Gen 
eral  Proctor,  with  a  force  of  two  thousand  British  and  Indians. 
Winchester  was  taken  prisoner,  and  his  entire  detachment 
surrendered,  Proctor  assuring  them  that  he  would  protect 
t}i»>m  from  the  savages.  He,  however,  withdrew  his  troops  to 
Maiden,  leaving  his  prisoners  to  be  massacred  by  the  Indians. 
On  the  10th  of  September  of  the  same  year,  Commodore 
Perry  defeated  the  British  at  the  battle  of  Lake;  Erie  ;  and  on 
the  5th  of  October,  General  Harrison  defeated  the  British  and 
Indians  at  the  battle  of  the  Thames.  At  this  battle,  the  re 
nowned  chief,  Terumseh,  was  in  command  of  the  Indian  war 
riors,  and  fmiii'ht  with  wonderful  rourage  and  desperation. 
After  the  British  Ivid  fled,  Tecumseh,  with  his  Indian  warriors, 
eno-ao-ed  in  a  hand-to-hand  conflict  with  Colonel  Johnson  and 

C*      O 

his  force  of  mounted  Kentuckians;  but  soon  fell,  pierced  by  a 
pistol  ball.  It  is  said  that  during  the  latter  years  of  his  life, 
*<  he  was  almost  incessantly  engaged  either  in  council,  or  at  the 
head  of  his  warlike  bands,"  and  that  "he  sank  at  last  on  the 
field  of  his  glory,  with  tomahawk  in  hand,  and  the  cry  of  bat 
tle  upon  his  lip-." 

"  Like  monumental  bronze,  unchanged  his  look, 
A  soul  which  pity  touch'd,  but  never  shook; 
Train'd  from  his  tree-rock'd  cradle  to  his  bier, 
The  fierce  extremes  of  good  and  ill  to  brook  ; 
Unchanging,  fearing  but  the  shame  of  fear, 
A  stoic  of  the  woods,  a  man  without  a  tear." 

Immediately  after  the  battle  of  the  Thames,  the  British 
surrendered  Detroit  to  the  Americans,  but  retained  the  pos- 


GOVERNMENT    OF    MICHIGAN.  15 

session  of  Mackiiiac  until  December  24,  1814,  when  peace  was 
concluded. 


Questions  —  During  the  war  of  the  Revolution,  what  was  done  by 
the  Indians  of  Michigan  ?  What  is  said  in  relation  to  the  treaty  of 
peace?  Of  Michigan  and  the  Northwestern  Territory?  Of  Indiana? 
State  some  of  the  chief  causes  of  the  war  of  1812.  When  and  to 
whom  did  Gen.  Hull  surrender  Detroit  ?  State  the  particulars  and  re 
sult  of  Gen.  Winchester's  campaign.  When,  by  whom,  and  with  what 
result  was  the  battle  of  Lake  Erie  fought?  Battle  of  the  Thames? 
What  is  said  of  Tecumseh  ? 


CHAPTER   IV. 


MICHIGAN     AS     A     TERRITORY  THE      UNIVERSITY  TREATIES 

WITH     THE     INDIANS  GOVERNOR    AND     JUDGES  LEGIS 
LATIVE    COUNCIL. 

The  government  of  the  Territory  of  Michigan,  until  1823, 
was  vested  in  the  Governor  and  Judges,  who,  in  addition  to 
the  powers  usually  exercised  by  such  officers,  exercised  legis 
lative  functions. 

In  1817,  the  Governor  and  Judges  passed  an  act  for  the 
establishment  of  what  was  styled  the  C atholepestemiad,  or 
University  of  Michigan;  although  it  was  not  until  shortly 
after  the  Territory  had  been  admitted  as  a  State,  that  the 
present  University  was  really  established. 

In  1818,  all  the  territory  lying  north  of  Illinois  and  Indi 
ana  was  annexed  to  Michigan. 

In  1819,  General  Cass,  who  was  then  Governor  of  the 
Territory,  effected  a  treaty  with  the  Indians,  at  Saginaw,  by 


10  GOVERNMENT  OF  MICHIGAN. 

which  they  relinquished  their  claim  to  0,000,000  acres  of  land 
in  the  eastern  part  of  the  Territory. 

In  1821,  a  treaty  was  made  at  Chicago,  by  which  the  In 
dian  title  to  all  the  lands  in  the  Territory,  south  of  the  Grand 
river,  was  relinquished.  By  the  treaty  of  Greenville,  con 
cluded  in  1795,  the  Indians  had  agreed  that  all  the  lands 
which  they  had  granted  to  the  French  or  English  should  be 
transferred  to  the  United  States. 

In  1823,  Congress  abolished  the  act  conferring  legislative 
power  upon  the  Governor  and  Judges,  and  provided  for  the 
establishment  of  a  Legislative  Council,  to  consist  of  nine 
members.  The  members  of  the  Council  were  appointed  by 
the  President  of  the  United  States,  who  selected  them  from 
eighteen  persons  chosen  by  the  people.  In  1825,  the  Council 
was  made  to  consist  of  thirteen  members.  In  1827,  the  Coun 
cil  was  made  elective  by  the  people. 

In  1831,  General  Cass  was  appointed  Secretary  of  War, 
and  George  B.  Porter  of  Pennsylvania,  was  appointed  Gov 
ernor  of  the  Territory.  He  died  in  183-4,  whereupon  Stevens 
T.  Mason,  Secretary  of  the  Territory,  became  acting  Governor.  , 


Questions  —  What  is  said  of  the  government  of  the  Territory 
prior  to  182:J?  Wluit  was  done  by  the  Governor  and  Judges  in  1817  r 
What  Territory  was  annexed  to  Michigan  in  1818?  What  is  said  of 
the  treaty  of  1819?  Of  1821?  Of  1795?  What  is  said  of  the  Legis 
lative  Council  ?  To  what  office  was  General  Cass  appointed  in  1831  ? 
Who  succeeded  him  as  Governor  ?  Who  succeeded  Governor  Porter  ? 


GOVERNMENT  OF  MICHIGAN.  17 


CHAPTER   V. 


THE    TOLEDO    WAR SETTLEMENT    OF    THE     DIFFICULTY    BY 

CONGRESS. 

By  the  Ordinance  of  1787,  it  was  contemplated  that  a 
line  due  east  and  west  through  the  southern  extremity  of 
Lake  Michigan  should  be  the  dividing  line  between  the  two 
tiers  of  States  to  be  erected  out  of  the  Northwestern  Terri 
tory.  By  the  act  of  Congress  establishing  the  Territory  of 
Michigan,  this  line  was  designated  as  its  southern  boundary. 
Ohio,  however,  desired  and  claimed  a  strip  of  land  about  fif 
teen  miles  wide,  north  of  this  line  ;  and  in  1812,  Congress 
recognized  the  line  as  claimed  by  Ohio,  and  in  1816  a  survey 
was  authorized  to  be  made  accordingly.  Michigan  was  about 
to  apply  for  admission  as  a  State,  and  insisted  on  the  line  as 
originally  established,  and  made  preparations  to  resist  a  party 
of  surveyors  sent  by  the  authorities  of  Ohio  to  re-survey  the 
line.  The  surveyors  were  driven  off  by  a  party  of  Michigan 
men.  Believing  that  Ohio  would  send  troops  to  take  posses 
sion,  of  the  disputed  territory,  acting  Governor  Mason  called 
out  the  militia  of  the  Territory,  and  as  Commander-in-Chief, 
placed  himself  at  their  head,  and  marched  "to  the  front." 
No  enemy  appearing,  the  troops  were  allowed  to  disperse  and 
return  to  their  homes.  Congress  finally  decided  the  contro 
versy  in  favor  of  Ohio,  and  gave  to  Michigan,  in  lieu  of  the 
strip  in  dispute,  about  twenty-five  thousand  square  miles  of 
country  in  what  is  now  known  as  the  Upper  Peninsula. 

Questions  —  What  was  the  line  originally  contemplated   as   the 
dividing  line  between  the  present  State  of  Michigan,  and  the  territory 
2 


18  (iOVEKXMKNT    OF    MICHIGAN. 

south  of  it?  What  public  acts  recognized  this  as  the  line?  What 
was  the  occasion  for  tin-  controversy  between  Ohio  and  Michigan? 
State  what  was  done  by  Michigan  in  relation  to  the  matter.  How  was 
the  difficulty  finally  settled  * 


CHAPTER   VI. 


MICHIGAN  AS  A  STATE BANKING  INTERNAL  IMPROVEMENTS. 

Iii  tho  spring  of  1835,  a  convention  called  for  that  pur 
pose  framed  a  constitution  for  a  State  Government,  and  appli 
cation  w;is  made  to  Congress  for  the  admission  of  the  Terri 
tory  as  a  State.  In  June,  1836,  an  act  was  passed  admitting 
her  upon  condition  that  she  should  accept  the  boundary  line 
as  claimed  by  Ohio.  On  the  15th  of  December  the  conven 
tion  convened  to  decide  the  question,  voted  to  accept  the 
proposition.  January  2Gth,  1837,  Congress  passed  an  act 
recognizing  Michigan  as  a  State  of  the  Union. 

The  population  of  the  State  in  1837,  was  estimated  at 
two  hundred  thousand  ;  and  its  territory  embraced  about  forty 
thousand  square  miles,  which  was  divided  into  thirty-six 
counties. 

In  1837,  the  Legislature  made  provision  for  free  banking, 
and  in  less  than  eight  months,  forty-five  banks  were  established. 
With  the  fifteen  banks  that  had  been  previously  chartered, 
the  banking  capital  of  the  State  amounted  to  ${10,115,000. 
With  tho  immense  amount  of  currency  thus  issued,  money 
was  very  cheap,  and  speculation  run  high.  Of  course  the 
inflation  soon  collapsed,  and  thousands  who  had  imagined 
themselves  rich,  found  their  currency  almost  worthless. 

In  1837,  the  Legislature  established  a  Board  of  Commis- 


GOVERNMENT    OF    MICHIGAN.  19 

•sioners  on  Internal  Improvement,  with  authority  to  construct 
three  railroads  across  the  State  :  The  Southern  from  Monroe 
to  New  Buffalo  ;  the  Central  from  Detroit  to  St.  Joseph  ;  and 
the  Northern  from  Port  Huron  to  Grand  Haven.  Also,  three 
canals  :  The  St.  Mary's  Ship  canal  ;  the  Clinton  and  Kalama- 
zoo  canal,  to  extend  from  Mt.  Clemens  to  the  mouth  of  the 
Kalamazoo  river;  and  the  Saginawor  Northern  canal,  to  extend 
from  Bad  river  to  Maple  river,  so  as  to  secure  water  commu 
nication  between  Saginaw  and  Grand  Haven.  The  estimated 
cost  of  these  improvements  was  over  $10,000,000.  To  raise 
this  sum,  it  was  provided  that  the  surplus  revenue  of  the 
State,  and  five  per  cent,  of  the  proceeds  from  the  sale  of  lands 
belonging  to  the  State,  should  be  appropriated,  and  to  effect 
a  loan  not  to  exceed  $5,000,000,  payable  in  twenty-five  years, 
with  interest  at  six  per  cent,  per  annum. 

The  bonds  were  sold,  and  a  large  proportion  of  the  money 
realized  was  expended  on  the  proposed  works,  but  it  was  soon 
found  that  the  interests  of  the  State  required  that  these 
works  should  be  disposed  of,  and  be  carried  on  by  private 
enterprise.  The  Central  and  Southern  roads,  on  which  most 
of  the  money  had  been  expended,  were  sold  by  the  State  in 
184G.  The  Clinton  and  Kalamazoo,  and  the  Saginaw  or 
Northern  canals  were  abandoned,  and  the  Northern  road  upon 
which  some  work  had  been  done  was  converted  into  a  wagon 
road. 

J.  E.  Scripps,  Esq.,  of  Detroit,  has  prepared  and  published 
in  the  "  Michigan  State  Gazetteer,"  a  brief  outline  history  of 
Michigan,  in  which  is  found  some  very  valuable  information 
concerning  the  Internal  Improvement  scheme,  an  extract  from 
which  is  copied  in  a  note  to  this  chapter. 

Questions  —  In  what  year  was  the  State  Constitution  adopted? 
State  what  action  was  taken  by  Congress  in  regard  to  the  admission  of 
Michigan.  What  was  the  population  of  the  State  in  1837  ?  Square 


20  GOVERNMENT  OF  MICHIGAN. 

miles  of  territory?  What  is  said  of  banking  and  currency?  What 
action  was  taken  by  the  Legislature  in  1837,  with  reference  to  internal 
improvements?  What  was  the  estimated  cost  of  these  proposed  im 
provements?  What  provision  was  made  for  mrrtin-  these  expenses' 
What  disposition  did  the  State  make  of  these  works  ? 

NOTE  -"The  first  step  of  the  board  was  to  purchase  the  Detroit  &  St.  Joseph 
R  R    110  part  of  which  wan  in  operation,  though  considerable  work  hud  been  done 
between  Detroit  and  Ypsilanti.     To  this  place  it  was  opened  for  traflic.  F 
1888     Surveys  on  all  the  other  works  were  in  1837  completed,  and  30  mHu* 
Southern  road  put  under  contract.     The  total  expenditures  this  year  were  $415.611 

"Meanwhile  the  Governor,  who  had  be.  n  empowered  by  the  Legislate 
negotiate  the  $^000,000  loan,  had  closed  a  contract  with  the  Morris  Canal  and 
ing  company  of  New  Jersey,  by  which  they  took  the  entire  amount  of  the  bonds  ana 
agreed  to  pay  for  the  same,  about  one  quarter  down   and  the  balance   in  quarto 
Instalments  of  $250.<XX)  each,  the  bonds  to  be  delivered  at  once.    Three  milli< 
these  bund*   they  immediately  turned  over  to   the  Bank  of  the  United  S 
which  they  were  hypothecated  largely  in  Kurope.     Great  complaint  seems  to  have 
been  made  at  home  of  the  Governor's  recklessness  in  thus  hastily  closing  so  large  a 
transaction,  and  in  his  parting  with  the  bonds  without  receiving  proper  security 
for  the  payment.    Nor  w;,s  the  complaint  without  just  grounds,  for  in  1840.  when 
there  was  still  $2,1.V,937  due  from  the  purchasers,  it.  came  to  light  that  both  banks 
were  insolvent     For  some  time  the  financial  condition  of  the  State  was  must  criti 
cal   but  in  1813  the  Legislature  passed  an  act  authori.--.ia-  tin-  issue  of  new  bonds  for 
the' amount  that  had  breii  actually  received  by  the  Stair,  the  same  to  be  delivered 
upon  the  surrender  of  the  entire  amount  of  outstanding  bonds,  or  pro  ratti  for  any 
portion  that  mi-h'  be  surrendered.     In  this  way  the  entire   $.-,.0<K).<x:n.  except  about 
§56,000,  was  gradually  retired,  and  the  bonds  given  in  lieu  thereof  were  duly  paid  in 

Iflfift 

"  In  183S.  .-is  expended  on  the  Internal  Improvement  works,  and 

considerable  surveying  and  clearing  wa>  done,  besides  the  completion  of  t 
tral  railroad  to  Ypsilanti.     In  !*«»  the  expenditure  was  si;<i:5.88.$.    The  Central  road 
was  opened  to  Ann  Arbor  and  the  Southern  to  Petersburg.    An  attempt   to  com 
mence  work  on  the  Sai  it  cai  ited  by  a  collision  between  the  contractors 

and  the  United  States  officials  at  Fort  Brady. 

"  In  1840  the  Governor  in  his  message  to  tho  Legislature  deplored  the  Inter 
nal  Improvement  scheme,  and  ivcommendi-d  the  suspension  of  furtm-r  work,exc<  pt 
where  necessary  to  complete  and  utili/.e  what  had  already  been  commenced.  This 
year  $463,816  was  expended,  the  Central  road  b.-inir  brought  to  within  four  miles  of 
Dexter,  the  Southern  opened  to  Adrian,  and  a  h.-avy  amount  of  work  being  done 
upon  the  Clinton  A:  Kalamazoo  canal  between  Mt.  Clemens  and  Rochester.  In  1841 
there  was  expended  $41!U:JH.  Tin-  Central  was  opened  to  Dexter,  July  1.  and  was 
immediately  pushed  on  to  Jackson.  The.  Southern  had  not  got  beyond  Adrian. 
The  Northern  railro.id,  upon  which  considerable  clearing  and  grading  had  been  done, 
was  this  year  ordered  by  the  Legislature  to  be  completed  as  a  wagon  road. 

"January  1,  1848,  the  Central  was  opened  to  Jackson.  The  Southern  was  dur 
ing  this  year  made  ready  for  the  iron  as  far  as  Hillsdale,  but  the  credit  of  the  State. 


GOVERNMENT    OF    MICHIGAN.  21 

~was  not  at  that  time  good  enough  to  enable  it  to  buy  iron  on  credit,  and  caeh  it 
hud  none.  Sixteen  miles  of  the  Clinton  &  Kalamazoo  canal  were  completed  at  a 
cost  of  $338,330,  but  it  had  not  yet  been  brought  into  use.  The  Legislature  in  Janu 
ary,  1842,  by  resolution  forbade  the  letting  of  any  further  contracts  on  the  public 
works,  but  provision  was  made  for  extending  the  Central  and  Southern  railroads. 
The  year  1843  saw  the  latter  opened  to  Hillsdale.  The  expenditures  in  1843  were 
$170.545,  and  in  1843  $100.416.  In  1844  the  Central  road  was  opened  to  Marshall  and 
grad.:d  to  Kalamazoo.  The  Southern  was  this  year  re-built  between  Monroe  and 
Adrian,  the  superstructure  having  rotted  out,  and  the  Palmyra  &  Jacksonburg  road 
was  purchased  by  the  State  for  $;£2,uOO.  This  latter  road  had  been  prepared  for  the 
iron  from  Palmyra  to  Tecumseh,  but  had  been  allowed  to  go  to  decay  without  ever 
being  put  in  full  operation.  The  Central  railroad  was  now  earning  from  year  to  year 
a  moderate  profit  over  expenses,  the  Southern  road  a  very  trifling  amount,  if  any 
thing,  and  none  of  the  other  public  v/orks  were  at  all  productive.  In  1845  the  Cen 
tral  was  finished  to  Battle  Creek  and  some  progress  made  with  the  reconstruction 
of  the  Tecumseh  branch  of  the  Southern.  The  expensiveness  of  keeping  strap-rail 
roads  in  repair  had  by  this  time  been  found  to  be  a  serious  drawback  to  the  product 
iveness  of  railroad  property,  and  ihe  commissioners  in  their  report  for  this  year  sug 
gested  the  importance  of  immediately  reconstructing  both  roads  with  4T'  rail,  and 
recommended  as  the  only  feasible  method  of  securing  the  accomplishment  of  this 
enterprise,  the  sale  of  the  roads  to  some  responsible  company.  In  this  year  the 
navigation  of  the  Clinton  &  Kalamazoo  canal  was  inaugurated  by  a  small  boat  of  20 
tons  burden. 

"On  February  1, 1846,  the  Central  road  was  completed  to  Kalamazoo;  on  the 
23d  of  September  its  sale  to  the  Michigan  Central  Railroad  company  was  perfected, 
the  purchase  price  being  $'-2.000,000  and  the  payments  being  made  in  bonds  and  other 
State  indebtedness.  One  month  later  the  sale  of  the  Southern  road  to  the  Michigan 
Southern  Railroad  company  was  consummated  by  the  payment  of  the  first  instal 
ment  of  the  purchase  price,  which  had  been  fixed  at  $500,000,  payable  also  in  State 
indebtedness  within  10  years.  By  these  sales  the  State  debt  was  greatly  diminished 
and  the  two  roads  placed  in  the  hands  of  strong  and  enterprising  companies,  by 
whom  they  were  speedily  completed,  and  under  whom  they  have  since  achieved 
reputations  lor  admirable  management  second  to  those  of  no  other  railroads  in  the 
country. 

"  The  canal  still  remained  to  the  State.  This  was  in  1846  put  in  navigable 
order  between  Mt.  Clemens  and  Utica,  but  only  $43  was  received  in  tolls.  The  fol 
lowing  year  further  repairs  were  made  and  an  ineffectual  effort  made  to  lease  the 
work.  From  this  time  it  appears  to  have  been  wholly  neglected  by  the  State.  Be 
tween  Rochester  and  Utica  it  has  since  been  utilized  for  water-power  purposes,  but 
below  Utica  it  has  beeji  .allowed  to  .go  wholly  to  decay." 


22  GOVERNMENT    OF    MICHIGAN. 


CHAPTER    VII. 


KXTKXT    OF  TKRIIITOKY KKSoriKT.S  OF  T11K  STATE. 

The  total  land  surface  of  Michigan  comprises  an  area  of 
56,243  square  miles,  while  the  area  of  its  waters  is  computed 
at  30,324  square  miles. 

From  the  time  when  the  State  sold  its  Public  Works,  to 
the  present,  it  has  steadily  progressed  iu  wealth  and  popula 
tion.  The  census  of  1870  showed  a  population  of  1,184,059, 
and  we  now  have  a  little  over  3,000  miles  of  railroad  within 
the  State,  and  a  lake  coast  ,»!'  nearly  1,500  miles. 

The  surface  of  the  Upper  Peninsula  is  rugged  and  hilly. 
It  has,  nevertheless,  much  valuable  pine  timber,  and  is,  per 
haps,  the  richest  mineral  region  in  the  world,  especially  in 
copper  and  iron. 

The  upper  portion  of  the  Lower  Peninsula  is  still  cov 
ered  with  dense  forests  of  pine  and  hard  wood,  though  the 
manufacture  of  lumber,  as  a  branch  of  industry,  ha>  for  a 
number  of  years  been  extensively  prosecuted.  The  soil  of 
the  Lower  Peninsula  is  varied,  and  well  adapted  to  the  raising 
of  all  kinds  of  products  that  may  be  grown  in  this  latitude. 

In  the  Saifinaw  valley,  salt  is  manufactured  in  abundance. 
We  also  have,  in  the  Siate,  rich  mines  of  coal,  iron,  copper, 
and  silver. 


many    >.,uarc    miles    of    land    lias    Michigan? 
The   urea   of  iis    waters?     What   was    IN  population    in    1870? 
many  miles  of  railroad  has  it?    The  extent  of  its  lake  coast?     What 
is  said  of  the  Upper  Peninsula-?     Of  the  Lower  Peninsula? 


GOVE11NMENT    OF    MICHIGAN. 


CHAPTER   VIII. 


GOVERNORS    OF    MICHIGAN. 


Under  French   rule   the   Governors   of  the   Territory 

em- 

bracing  the  present  State  of  Michigan,  were  as  follows  : 

Sieur  de  Mcsy,  appointed  in 

.      1683 

Marquis  de  Vaudreuil, 

1703 

Sieur  de  Courcelle,  . 

1665 

Marquis  de  Beauharnai  s,    . 

1736 

Sieur  de  Frontenac, 

.      1(572 

Sieur  Comptc  de  la  Gallisoniere, 

1749 

Sieur  de  Barre, 

.       1(18:2 

Sieur  de  la  Jonquire, 

1749 

Sieur  de  Marquis  de  Nouvillc, 

11)85 

Marquis  du  Qucsne  de  Mennevi-le, 

1752 

Sieur  de  Frontenac, 

.      1689 

Sieur  de  Vaudreuil  de  Cavagnal,  . 

1755 

Sieur  Chevalier  de  Calliers, 

.       1699 

Under  the  English 

rule  the  Governors  were  : 

James  Murray,  appointed  in 

.      1765 

Henry  Hamilton, 

1774 

Paulus  Emilias  Irving, 

1766 

Henry  Hope,  .... 

1775 

Guy  Carleton, 

.       1766 

Lord  Dorchester, 

1776 

Hector  T.  Cramahc, 

.       1770 

Alu  red  Clarke, 

1791 

Guy  Carleton, 

.      1TT4 

Lord  Dorchester,      „           , 

1798 

Frederick  Ilaldemand, 

.      1774 

The  American  Governors  under  the  Territorial  Govern 
ment  were  as  follows  : 


William  Hull,  appointed  in  .      1805 

Lewis  Cass,    ....      1814 
George  B.  Porter,     .  .  1832 


Stevens  T.  Mason, 
John  S.  Ilorner, 
Stevens  T.  Mason, 


1834 
1835 
1835 


The  following  is  a  list  of  the  several  Governors  who  have 
served  from  the  admission  of  the  State  into  the  Union,  down 
to  the  present  time  : 

Inaugurated.  Retired. 

STEVENS  T.  MASON,        .  .  Oct.  1837  Jan.    1840 

WILLIAM  WOODBRIDGE,  .  Jan.  1840  Feb.   1841* 

J.  WRIGHT  GORDON,!      .  .  Feb.  1841  Jan.    1842 

JOHN  S.  BARRY,      .        .  .  Jan.  1842  Jan.    1846 

*  Resigned  upon  being  elected  to  Cong:  ess. 
t  Lieutenant  Governor,  acting  as  Governor. 


24  GOVERNMENT    OF    MICHIGAN. 

ALFHEUS  FELCH,     .        .  .  Jan.  18-1(5  Mar.  1847}: 

WILLIAM  S.  GREENLY.?'  Mar.  1*17  Jan.  l^8 

EPAPHRODITUS  HANSOM,  .  Jan.  1848  Jan.  1850 

JOHN  S.  BARKY,      .        .  .  Jan.  1850  Jan.  1852 

ROIJEUT  McCi.ELLAND,  .  .  Jan.  1852  Mar.  1853** 

ANDREW  PARSON-..  M;ir.  1853  Jan.  1855 

KINSLEY  S.  BINUHAM,     .  .  Jan.  1855  Jan.  l*5!i 

MOSKS  \VI>NKR,      .        .  •  Jan.  1859  Jan.  1861 

AUSTIN  BI.AIU,        .        .  .  Jan.  1861  Jan.  isr.5 

HENRY  II.  Cu.u'o,  .        .  .  Jan.  1805  Jan.  1*C!) 

HEXRY  P.  UALDWIX,      .  .  Jan.  18G9  Jan.  1873 

JOHN  J.  BAGLEY,    -        -  .  Jan.  1873  Jan.  1875 

JOHN  J.  BAULKY,     .        .  .  Jan.  1875 

Questions  —  Who  was  tin-  first  Governor  of  the  Territory  embrac 
ing  the  present  Stat.-  of  Michigan?  Will  you  give  the  names  of  the 
French  Governors,  and  the  datrs  of  their  appointment  from  16G3  to 
1685?  From  1089  to  1726?  From  1749  to  1755?  Who  was  the  first 
English  Governor?  Give  the  names  of  the  English  Governors,  and 
the  dates  of  their  appointments  v  Of  the  American  Governors,  under 
the  Territorial  Government  ?  Give  the  names  of  the  Governors  under 
the  State  Government. 


CHAPTER   IX. 


MICHIGAN   nriM.NG  TIN-:  REBELLION. 

In  the  late  war  of  the  Rebellion,  Michigan  achieved  for 
herself  a  glorious  record.  She  sent  to  the  field  one  regiment 
of  engineers  and  mechanics,  11  regiments  and  3  independent 
companies  of  cavalry,  14  batteries  of  artillery,  31  regiments 

t  Resigned  on  being  elected  U.  S.  Senator. 
§  Lieutenant  Governor,  acting  as  Governor. 
**  Resigned  upon  being  appointed  Secretary  of  the  Interior. 


GOVERNMENT  OF  MICHIGAN.  25 

'of  infantry,  and  5  companies  of  sharpshooters,  numbering  in 
all  90,747  men.  Of  these,  4,175  were  killed  in  action  or  died 
of  wounds,  and  9,230  died  of  disease  while  in  service. 

From  the  beginning  to  the  close  of  the  war,  the  Michigan 
troops  bore  the  reputation  of  being  among  the  bravest  and 
•best  disciplined  in  the  army,  and  there  were  very  few  of  the 
more  important  engagements  where  Michigan  was  not  repre 
sented,  and  where  her  regiments  were  not  conspicuous  for  the 
efficient  aid  they  rendered. 

Questions  —  How  many  regiments  of  engineers  did  Michigan 
send  to  the  late  war  of  the  Rebellion?  Of  cavalry?  Batteries  of  ar 
tillery?  Regiments  of  infantry?  Companies  of  sharpshooters? 
How  many  men  in  all?  How  many  were  killed,  or  died  of  wounds? 
How  many  died  of  disease  ?  What  is  said  of  the  bravery  of  Michigan 
troops  ? 


CHAPTER   X, 


ORIGIN    OF    THE    NAMES    OF    COUNTIES  DATES    OF    THEIR 

ORGANIZATION. 

The  following  is  taken  from  an  account  of  the  origin  and 
derivation  of  the  names  of  most  of  the  counties  of  Michigan, 
by  Mr.  W.  S.  George,  editor  of  the  Lansing  Republican. 
The  dates  in  parentheses  are  those  of  the  legal  organization 
of  the  several  counties. 

Allegan  (1835)  —  Named  from  an  ancient  Indian  tribe  in 
the  Alleghanies.  The  word  gan  signifies  Lake. 

Antrim  (1843)  —  Named  from  the  northeastern  county  of 
Ireland. 

Barry  (1839)  — Named  from  Wm.  T.  Barry,  Postmaster- 


*>G  GOVERNMENT    OF    MICHIGAN. 

General  of  the  Unit.-.!  States,  in  Jackson's  cabinet,  from  1820 
to  1835.     Born  ITS"),  died  1*35. 

Bay    (185:)  — Named    from    its    bordering    «m    Suginaw 

Bay. 

Benzie  ( isi;<))— Named  from  Ai:x  becscies,  the  French 
designation  of  that  important  river  on  which  the  thriving  vil 
lage  of  Frankfort  is  situated. 

Jterri'  n  (1831)  — Named  from  John  M.  Bcrrien,  Attorney- 
General  in  Jackson's  cabin.-t  from  L829  to  1831.  Bm-n  L781, 

died  1S5G. 

Ji,',i,i''h  (1833)  — Named  from  John   Branch,  Secretary 
the  Navy  in  Jackson's  cabinet  from  IS'".)  to  1S:*>1.     Born  1782, 
died  1st;  3. 

(\iJhmm  (1833)  — Named   from  John  C.  Calhoun,   \ 
President  of    the   United    States   from   1825   to   18:53.     Born 
1782,  died  1S:>0. 

Cass  (1S2'.»)  —  Named  from  Lewis  Cass,  Territorial  Gov 
ernor  of  Michigan  from  18H  to  1S31,  Secretary  of  War  under 
Jackson,  Minister  to  France,  U.  S.  Senator  12  years,  Secretary 
of  State  under  Buchanan.  Born  KS2,  died  isr.ii. 

( 'Nnton  ( 1*3S)  —  Named  from  l)e  Witt  Clinton,  the  most 
illustrious  Governor  the  State  of  New  York  ever  had,  and 
projector  and  virtual  builder  of  the  Erie  Canal.  Born  17G9, 

died  L828. 

Ch<ti'l<.r»'s  (1869)  — Named  from  Pierre  F.  X.  de  Charle- 
voix,  a  French  traveler  and  Jesuit  missionary.  Born  1US2, 

died  irc.l. 

Clieboycjan  (1840)  —  An  Indian  name  fora  river  emptying 
into  the  Straits  of  Mackinaw  from  the  south.  The  original 
word,  Chabiccgan,  signifies  a  place  of  ore. 

Chippeioa  (182C))  — Named  from  a  powerful  Indian  tribe, 
sometimes  called  "  Ojibbeways." 

Delta  (1861)  — Named   from  its  partial    resemblance 


GOVERNMENT    OF    MICHIGAN.  27" 

position  to  the  "  delta "  or  triangular  fork  of  land  at  the 
mouth  of  the  river  Nile  in  Egypt. 

Eaton  (1837)  —  Named  from  John  H.  Eaton,  Secretary 
of  War  in  Jackson's  cabinet  from  1829  to  1831.  Born  1790, 
died  1850. 

Emmet  (1843)  —  Named  from  Robert  Einmet,  the  elo 
quent  young  Irish  patriot,  who  was  one  of  the  leaders  in  an 
insurrection  against  British  misrule  in  1803,  but  failed,  and 
was  hung  by  the  government  as  a  traitor  at  the  age  of  only 
23  years. 

Genesee  (1830)  —  Named  from  the  fertile  and  pleasant 
county  in  Western  New  York,  from  whence  many  settlers 
emigrated  to  this  part  of  Michigan.  In  the  Seneca  language, 
Je-nis-hi-yuh  signified  beautiful,  pleasant  valley,  arid  was 
truly  descriptive  of  the  valley  of  the  Genesee  river. 

Grand  Traverse  (1851)  —  Named  from  the  peculiarity  of 
the  bay  on  which  it  is  situated.  The  French  sailor.;  who  ran 
into  it,  perhaps  thinking  it  was  a  lake,  had  to  sail  a  long  dis 
tance  or  make  a  "grand  traverse"  to  get  out  again. 

Gratiot  (1855)  —  Named  from  Fort  Gratiot,  which  for 
merly  stood  at  the  foot  of  Lake  Huron  ;  the  early  French 
traders  fortified  that  point  in  KISS. 

Hillsdale  (1835)  —  Named  from  the  rolling  and  diversi 
fied  face  of  the  country,  u  up  hill  and  down  dale." 

Moughton  (1845)  —  Named  from  Douglas  Houghton,  the 
talented  geologist  and  first  thorough  explorer  and  describer  of 
the  mineral  wealth  of  our  Upper  Peninsula,  whose  death  by 
drowning  in  1845  was  deeply  lamented. 

Huron  (1859)  —  The  name  of  a  tribe  of  Indians,  also 
called  "  Wyandottes."  A  fragment  of  the  Hurons*  about  1680, 
settled  at  Detroit.  The  slang  phrase,  "  Quelles  hurcs  ! " 
(what  heads  !)  was  applied  by  an  astonished  French  traveler 
to  the  Wyandottes,  on  seeing  their  fantastic  mode  of  dressing 


28  GOVERNMENT    OF    MICHIGAN. 

the  hair  ;  with  some  of  the  warriors,  it  bristled  in  a  ridge 
across  the  crown,  like  the  back  of  a  hyena.  From  hures  was 
derived  Huron. 

Inghatti  (1838)  —  Named  from  Samuel  D.  Ingham,  Sec 
retary  of  the  Treasury  in  Jackson's  cabinet  from  1821)  to  1831. 
Born  1  i  ;:>,  died  isr.u. 

Ionia  (1S37) — Named  from  a  province  in  ancient 
Greece,  where  the  simple  but  majestic  order  of  architecture 
known  as  "  Ionic  "  had  its  origin. 

Jux.-o  tis.~)7) —  An  illegitimate  Indian  name  of  which 
Hon.  H.  It.  Schoolcraft  was  father,  and  of  which  he  gave  the 
meaning  as  "  Water  of  Light." 

.!.-••  i ^:lla  (1850)  —  Named  from  the  illustrious  Queen  of 
Spain,  who  nearly  four  centuries  ago  fitted  out  Columbus's 
licet,  and  enabled  him  to  discover  the  new  world.  She  was 
born  1451,  died  1  :><>!. 

JiH-kxon  (is:}-.')  —  Named  from  the  iron-willed  and  popu 
lar  I 'resident  of  the  United  States  from  1821)  to  18:37.  Born 
1707,  died  Is-J.'i. 

Kaliiwtzoo  (1830)  —  An  Indian  name,  signifying  "the 
mirage  or  reflecting  river,"  applied  to  the  stream  which 
waters  this  county  and  parts  of  Calhoun  and  Allegan.  It  was 
originally  spelled  Kikalamazoo.  It  is  claimed  by  some  to 
have  been  derived  from  the  Indian  word  Ke-Kanamazoo,  or 
"  Boiling  Pot,"  by  which  name  the  river  was  sometimes 
Called. 

Kent  (1830) — Named  from  Chancellor  James  Kent,  the 
celebrated  jurist  of  New  York.  Born  1703,  died  1847. 

Keewenaw  (1801) — An  Indian  name,  curtailed  from  Ki- 
wi-wai- non-ing,  signifying  a  portage,  or  place  where  a  portage 
is  made;  it  may  mean  the  place  where  the  portage  ends  or 
the  canoe  is  "carried  back"  to  the  lake. 

Lenawee  (1820) — An  Indian  name,  derived  perhaps  from 


GOVERNMENT    OF    MICHIGAN.  29 

the  Delaware  Lenno,  or  rather  from  the  Shawnee  Lenawai, 
"man." 

Livingston  (183G) — Named  from  Edward  Livingston, 
Secretary  of  State  in  Jackson's  cabinet  from  1831  to  1833. 
Born  1764,  died  1830. 

Mackinac  (1840) — An  Indian  name,  curtailed  from  Mich- 
inimackinong,  the  place  of  Giant  Fairies,  or  Great  Turtle  place. 

Macomb  (1818) — Named  from  Gen.  Alexander  Macomb, 
who  was  born  in  Detroit,  entered  our  regular  army  and  won 
promotion,  fought  bravely  in  1813  at  Fort  George  and  Niagara, 
and  gained  the  decisive  victory  at  Plattsburg  over  the  British, 
September  11,  1814.  Born  1782,  died  1841. 

Manistee  (184-0) — An  Indian  name  for  the  river  which 
Charlevoix  visited  over  a  century  ago.  The  Indians  interpret 
the  name  as  "  a  river  at  whose  mouth  there  are  islands." 

Manitou  (1855) — An.  Indian  name  for  some  deity  which 
they  acknowledged.  It  is  not  very  clear  that  they  recognized 
only  one  "Great  Spirit." 

Marquette  (1845) — Named  from  the  Jesuit  Father  Jacques 
Marquette,  an  early  explorer  of  the  great  lakes.  Born  1G37, 
died  1675. 

Mason  (1843) — Named  from  Stevens  T.  Mason,  the  last 
Territorial  and  first  State  Governor  of  Michigan. 

Menominee  (1863) — Named  from  an  Indian  tribe  in  Wis 
consin. 

Midland  (1850) — Named  from  its  central  position  in  the 
Lower  Peninsula. 

Monroe  (1817) — Named  from  James  Monroe,  President 
of  the  United  States  from  1817  to  1825.  Born  1758,  died  1831. 

Montcalm  (1840) — Named  from  the  Marquis  de  Mont- 
calm,  that  gallant  commander  of  the  French  forces  who  was 
vanquished  and  killed  at  the  taking  of  Quebec,  when  General 
Wolfe  captured  the  city  but  lost  his  life.  Born  1712,  died  1750. 


30  (JOVKKNMKNT    OF    MICHIGAN. 

Muskegon  (1S5D)— An  Indian  name,  signifying  "marshy 
river,  or  wet  prairie." 

Newaygo  (1851))— From  Indian  words,  signifying  "great 
water"  or  "much  water." 

Oakland  (1  S:><))— Named  from  the  face  of  the  country 
when  it  was  first  settled  by  \\liite  men;  "oak  openings" 
prevailing. 

Oceana  (1851) — Named  from  us  watery  location  on  the 
eastern  shore  of  Lake  Michigan. 

Oweola  (1843) — Named  from  the  famous  chief  of  the 
Seminole  Indians,  who  kept  the  Florida  war  going  several 
years,  battling  our  whole  regular  jinny  and  costing  the  public 
treasury  about  a  hundred  million  dollars.  Born  1803,  died  1838. 
Onf<>/t<(</,»t  (1845) — An  Indian  name  derived  from  Nunda- 
nurijiui,  hunting  river. 

0M////V/  (1S3?) — An  Indian  name  signifying  traders,  and 
applied  to  a  powerful  tribe  which  once  occupied  Northwestern 
Michigan. 

tftf(/i/nnr  (is:;:)) — An  Indian  na-me,  derived  from  Sac-e 
,  or  Sac  town. 

mVac  (1857)— This  name  is  either  of  Indian  or  Cana 
dian  Fr.-neh  origin;  its  meaning  not  ascertained.  It  is  among 
the  names  invented  by  Mr.  Schoolcraft. 

Shiawassee  (1*37) — An  Indian  name  signifying  "straight 
running,"  in  reference,  doubtless,  to  the  course  of  the  river 
from  Owosso  to  St.  Charles. 

St.  Clttir  (1S-.M)— Named  from  Lake  St.  Clair.  Hon. 
Augustus  15.  Woodward,  firM  Chief  Justice  of  the  Territory, 
believes  that  the  lake  derived  its  name  from  the  French  officer 
St.  Clair,  and  the  river  from  the  Brit i-h  officer  Sir  John  Sin 
clair.  In  the  early  records  the  name  of  the  county  is  some 
times  given  as  Sinclair.  In  reality  both  names  are  the  same  and 
designate  a  proud  and  ancient  Scotch  family  oflNorman  origin. 


GOVERNMENT  OF  MICHIGAN.  31 

St.  Joseph  (1839) — Named  from  the  husband  of  the 
Virgin  Mary,  canonized  by  the  Romish  church,  and  regarded 
by  the  Jesuits  as  the  patron  saint  of  New  France.  Our 
Northwestern  States  as  well  as  the  Canadas  were  formerly 
'Called  "  New  France." 

Tuscola  (1840) — Another  of  Schoolcraft's  illegitimate 
Indian  names.  He  gave  its  meaning  as  "  Warrior  Prairie," 
from  the  Muscogee  Tusca,  warrior. 

Van  J3uren  (1837)  —  Named  from  Martin  Van  Buren, 
who  held  the  offices  of  Governor  of  New  York,  U.  S.  Senator, 
Secretary  of  State  in  Jackson's  cabinet,  Minister  to  England, 
Vice-President,  and  President  of  the  United  States  from  1837 
to  1841.  Born  1782,  died  1862. 

Washtenaw  (1830)  —  The  Indian  name  of  Grand  river, 
which  rises  in  the  southwestern  part  of  the  county,,  The 
name  was  originally  "Wash-ten-ong^  meaning  at  or  on  the 
river. 

"Wayne  (1790)  — Named  from  General  Anthony  Wayne, 
the  brilliant  hero  of  the  Revolutionary  army,  and  the  victori 
ous  Indian  fighter  near  our  southeastern  border.  He  was 
nicknamed  "  Mad  Anthony,"  on  account  of  his  hair-brained 
courage  and  clash.  The  Indians  gave  him  a  name  which  sig 
nified  Tornado.  In  the  early  Territorial  government  of 
Michigan,  Wayne  county  included  the  whole  State.  Gen. 
Wayne  was  born  1745  ;  died  1790,  while  on  his  way  to  take 
command  at  Detroit. 

"Wexford  (1843)  —  Named  from  a  maritime  county  in  the 
southeastern  part  of  Ireland. 


[It  is  not  deemed  necessary  to  arrange  questions  for  this  chapter, 
as  they  would  necessarily  be  nearly  the  same  for  each  county.  The 
.proper  questions  will  be  readily  suggested  to  the  teacher.] 


32  GOVERNMENT  OF  MICHIGAN. 


CHAPTER    XI. 


OF    THE     SURVEY     OF     THE     PUBLIC     LANDS sriJDI VISIONS     OF 

TOWNSHIPS    AND    SECTIONS. 

The  lands  embraced  within  tho  territorial  limits  of  Mich 
igan,  had  been  surveyed  by  or  under  the  direction  of  the 
Surveyor-General  of  the  United  States,  before  the  State  was 
admitted  into  the  Union.  The  plan  adopted  in  making  this 
survey,  was  to  draw  two  imaginary  lines  across  the  territory; 
one  east  and  west,  and  the  other  north  and  south.  The 
line  running  north  and  south  was  called  the  principal  me 
ridian,  and  the  one  running  east  and  west  was  called  the  base 
line.  The  principal  meridian  commences  on  the  south  line 
of  the  State,  between  the  counties  of  Hillsdale  and  Lenawee, 
and  extends  to  the  northern  extremity  of  tho  State.  The 
base  line  commences  at  a  point  in  the  western  boundary  line 
of  the  State,  between  the  counties  of  Allegan  and  Van  BUIVM, 
and  extends  east  to  the  eastern  boundary  of  the  State.  In 
making  the  survey  oi  Michigan,  the  territory  was  divided  into 
townships  six  miles  square,  and  these  were  subdivided  into 
thirty-six  sections,  of  a  square  mile  each,  the  townships  being 
numbered  in  regular  order  east  and  west  of  the  meridian  line, 
and  north  and  south  of  the  base  line.  Thus,  where  the 
meridian  and  base  lines  intersect  and  cross  each  other,  the 
township  next  north  of  the  base  line,  and  next  east  of  the 
meridian  line  would  be  called  "  township  number  one  north, 
in  range  number  one  east,"  while  the  township  next  east  of  it 


GOVERNMENT    OF    MICHIGAN. 


33 


would  be,  "  township  number  two   east,  in  range  number  one 
north."     The   following  diagram  will  aid  in  explaining  this: 

DIAGRAM      SHOWING      HOW     TOWNSHPS     ARE      NUMBERED     WITH 
REFERENCE    TO    THE    MERIDIAN"    ANTI)    BASE    LINES. 


3N. 

4  W. 

is 

2N. 

aw. 

5  2N 
S  IE 

W 

BASE 

1  K 
2  W. 

^ 

LINE. 

5 

1  S. 
2  E. 

2  S. 
2  W 

• 

5 

K 

£ 

3  S. 
3E. 

The  sections  contain  six  hundred  and  forty  acres  each, 
unless  they  are,  as  is  sometimes  the  case,  fractional.  Some 
times  a  stream  or  a  lake  occupies  a  large  portion  of  a  quarter- 
section,  and  the  part  not  so  occupied  we  call  "  fractional." 
Sometimes  in  measuring  the  townships,  the  surveyors  would, 
owing  to  the  great  difficulties  they  had  to  encounter  in  meas 
uring  the  distances  through  the  wilderness,  swamps,  and  lakes, 
and  over  the  hills,  include  a  little  too  much  territory,  or  per 
haps  not  quite  enough.  In  such  casev  when  the  townships 
were  subdivided  into  sections,  and  the  measurements  were 
made  with  more  care,  the  subdivisions  on  the  north  and  west 
sides  of  the  townships  were  made  to  contain  whatever  was 
3 


34  (SOVEKXMEXT    OF    MICHIGAN. 

left,  more  or  less,  so  that  all  the  other  sections  in  the  town 
ship  should  contain  just  six  hundred  and  forty  acres,  each. 
The  sections  are  numbered,  commencing  at  the  northeast 
corner  of  the  townships,  and  for  convenience,  are  subdivided 
into  quarters;  and  we  frequently  see  lands  described  as  a 
quarter  of  a  quarter. 

The  following   is   a  plan  of  a  township,  the  subdivisions 
representing  sections: 


0 

5 

4 

3 

0 

1 

7 

8 

9 

10 

11 

12 

13 

17 

1G 

15 

14 

13 

19 

20 

21 

22 

23 

24 

SO 

29 

28 

27 

2G 

2.~) 

31 

32 

33 

34 

85 

36 

The  "Tnited  States  o-nvcnnixMit  pive  t<>  Michigan,  s«'.-ti')ii 
sixteen,  iii  every  township,  of  the  public,  lands,  for  the  use  of 
schools,  and  in  addition  1  hereto,  seventy-two  sections  for  the 
support  of  the  State  University. 


GOVERNMENT    OF    MICHIGAN. 
DIAGRAM    OF    A    SECTION,    SUBDIVIDED. 


35 


N.  W.  1  Sec.  1. 

E.  \  N.  E.  ^ 

Sec.  1. 

1GO  acres. 

80  acres. 

pf 

N.W.  i  S.  E.  \ 

Sec.  1. 

40  acres. 

Questiojis — What  two  lines  were  adopted  as  a  basis  for  surveying 
the  Territory  of  Michigan ?  How  was  the  Territory  divided?  How 
many  miles  square  are  the  townships  of  Michigan  ?  In  what  way  are 
the  Townships  designated?  Will  you  make  a  diagram  explaining 
this?  How  are  the  townships  subdivided?  How  many  sections  are 
there  in  a  township  ?  How  are  they  numbered  and  designated  ?  Will 
you  make  a  diagram  explaining  this  ?  How  many  acres  are  there  in  a 
full  section ?  How  are  the  sections  subdivided?  Are  these  subdivis 
ions  always  uniform  ?  In  what  way  are  some  of  the  subdivisions  made 
fractional?  Will  you  illustrate  the  subdivisions  of  sections  by  a  diaj 
gram  ?  What  is  said  of  a  grant  from  the  United  States  of  certain  lands 
to  this  State  ? 


3G  GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XII. 


OF  THE    ORGANIZATION    OF  GOVERNMENT,  AND  THE    EXERCISE  OF 
SOVEREIGNTY. 

To  enable  the  people  to  defend  their  rights  and  to  do 
right  and  justice,  they  unite  together  in  a  body  politic;  and 
when  the  people  are  so  united  and  have  agreed  upon  certain 
rules  by  which  they  are  to  be  governed,  we  speak  of  such 
union,  in  its  most  enlarged  sense,  as  a  State.  Bouvier  defines 
a  State  as  follows:  "  In  its  most  enlarged  sense,  it  signili'-s  a 
self-sufficient  body  of  persons  united  together  in  one  com 
munity  for  the  defence  of  their  rights  and  to  do  right  and. 
justice  to  foreigners" 

In  a  more  limited  sense,  a  State  means  the  territory  oc 
cupied  by  the  united  body  of  people,  as,  the  State  of  Michigan. 

In  many  countries  the  rulers  are  sovereign;  that  is,  they 
exercise  control,  authority  and  power  as  they  see  lit,  regard 
less  of  the  wishes  or  consent  of  the  governed.  But  in  this 
country  no  single  individual  has  the  right  to  exercise  this 
power.  Here  the  people  choose  their  rulers,  and,  by  written 
constitutions,  define  and  limit  their  powers  and  duties. 

Sovereignty,  the  supreme  or  highest  power  among  men, 
in  this  country,  resides  in  the  people.  This  power,  however, 
the  people  authorize  their  officers  to  exercise,  and,  having 
instituted  a  government,  they  have  agreed  to  submit  to  and 
abide  by  certain  rules  and  regulations;  have  conferred  power 
upon  their  officers  to  enforce  obedience  to  such  rules  and 
regulations. 


GOVERNMENT    OF    MICHIGAN.  37 

Government  is  defined  as,  "the  manner  in  which  sover 
eignty  is  exercised  in  each  State." 

In  every  State  there  is  either  some  individual  or  body  of 
men  whose  duty  it  is  to  see  to  the  enforcement  of  the  laws; 
.and  we  sometimes  refer  to  them  as  the  government. 

Quest-ions — What  is  a  State,  and  for  what  purpose  is  it  organized? 
Give  Bouvier's  definition  of  a  Slate.  What  is  a  sovereign  ?  With  whom 
does  sovereign  power  reside  in  this  country?  Who  exercises  the 
power  of  sovereignty  in  this  country  ?  In  what  Avay  and  by  what 
authority  are  the  people  required  to  submit  to  the  power  we  call 
sovereignty?  What  is  government?  In  what  other  sense  do  we  some- 
-times  use  the  word  government  ? 


CHAPTER    XIII. 


OF  LAWS  AND  THEIR  NECESSITY RIGHTS  AND  DUTIES. 

The  rules  of  action  adopted  for  the  government  of  the 
people,  are  called  laws.  Hence  a  law  is  that  which  commands 
us  what  to  do  and  forbids  the  things  we  are  not  to  do. 

The  necessity  for  these  rules  or  laws  is  apparent  when  we 
observe  and  consider  the  many  differences  and  difficulties 
among  men  which  arise  either  from  mistakes,  honest  disagree 
ments.,  want  of  judgment,  or  intentional  misconduct  or  wrong. 
They  are  necessary,  to  indicate  to  us  our  duties  as  members 
of  society,  and  to  protect  us  in  the  enjoyment  of  our  rights. 

A  right  is  a  legal  title  or  a  just  claim  to  anything.  We 
have  a  right  to  life,  a  right  to  our  earnings,  arid  a  right  to  act 
as  we  please,  and  to  go  where  we  please,  provided  we  do  not 
interfere  with  the  rights  of  others. 

These  rights,  however,  are  subject  to  certain  restrictions  or 


38  GOVERNMENT    OF    MICHIGAN. 

limitations  and  may  be  forfeited,  or,  when  the  public  good 
requires  it,  may  be  taken  from  us.  By  violating  the  law  we 
may  forfeit  our  liberty  and  our  property.  If  called  upon  to 
take  up  art/us  in  behalf  of  the  country,  it  is  our  duty  to  r<  *pond, 
and  if  needs  be,  to  surrender  our  property  and  our  lives. 

As  children  are  <Ay>cmA  nt  upon  their  parents,  they  owe 
them  certain  duties,  not  the  least  of  which  is  obedience  to 
their  command*.  So  with  the  citizen,  dependent  upon  the 
State  for  the  protection  of  himself  and  his  property;  he  is 
bound  to  observe  the  rules  prescribed  for  his  conduct. 

Questions — What  arc  human  laws?  How  is  the  necessity  for 
law  apparent?  For  what  are  laws  necessary?  What  is  a  right? 
Mention  some  of  our  rights.  To  what  are  these  rights  subject?  How 
may  we  forfeit  our  liberty  and  property  ?  What  duty  do  we  owe  the 
country  ?  State  one  of  the  grounds  on  which  obedience  is  a  duty. 


CHAPTER    XIV. 


OF    THE    DIFFERENT    FOKMS    OF    <;»)VK!:\  M  l-.NT CONSTITUTIONS, 

AND  THE  rriJI'oSK  TllKY    M.K  .  ,  . 

Diilerent  forms  of  government  prevail  in  different  coun 
tries.  In  those  countries  where  the  power  to  <JIH:I  r/i  and  make 
the  laws,  is  v^fcd  in  one  person,  we  call  the  government  a 
monarchy.  AVlu-ro  the  great  body  of  frecnn  H,  asM-mhle  to 
gether  to  make  the  laws  and  to  transact  the  b  sinesa  of  the 
State,  we  call  the  government  a  dem-n-racy. 

Where  the  chief  magi-t  rate  gets  his  power  to  rule  by 
inheritance,  but  has  no  power  to  make  the  lavrs,  we  call 
the  government  a  mixed  government,,  or  a.  limited  mon- 


GOVERNMENT    OP    MICHIGAN.  39 

archy.  Such  is  the  government  of  Great  Britain.  The  laws 
are  framed  by  Parliament,  and  when  approved  by  the  monarch 
become  operative. 

Where  the  people  enjoy  common  rights  and  privileges, 
but  exercise  the  sovereign  power  by  and  through  repre 
sentatives  elected  by  them,  we  call  the  government  a  republic. 
Every  State  in  the  American  Union  is  a  republic. 

A  pure  democracy  and  our  American  Republic  differ  in 
this,  that  in  the  former,  the  citizens  assemble  in  a  body  to 
make  the  laws,  while  in  the  latter,  the  people  choose  repre 
sentatives  to  act  for  them.  Both  are  governments  of  the  people 
and  derive  their  powers  from  them. 

The  form  of  government  in  each  of  the  United  States  is 
represented  by  a  written  constitution.  These  constitutions 
are  called  t\\Q  fundamental  or  political  law.  They  are  adopted 
as  the  agreement  of  the  people — as  the  framework  of  the  gov 
ernment — and  limit  the  power  of  the  various  departments. 

Any  act  of  the  Legislature  or  of  any  officer  of  the  State 
which  conflicts  with  any  of  the  provisions  of  the  constitution 
is  invalid.  Thus  the  people  are  protected  against  unjust 
enactments  and  usurpation  of  power  by  their  public  servants. 


Questions — Are  the  forms  of  government  the  same  in  all  countries? 
What  is  a  monarchy?  What  is  a  democracy?  A\  hat  is  a  mixed  gov 
ernment  or  limited  monarchy?  What  form  of  government  lias  Great 
Britain  ?  What  is  a  republic  ?  What  form  of  government  have  the  States 
of  the  American  Union  ?  Wherein  consists  the  difference  between  a 
democracy  and  a  republic?  From  whence  do  republics  and  democ 
racies  derive  the  r  power?  By  what  are  the  forms  of  government 
represented  in  the  several  States  of  this  Union?  By  what  names  are 
constitutions  sometimes  called  ?  What  is  the  object  or  purpose  of  con 
stitutions  ?  How  do  they  protect  the  people  ? 


40  GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XV. 


GOVERNMENT    OF    MICHIGAN DIVISIONS    OF    THE     POWERS    OF 

GOVERNMENT. 

The  powers  of  Government  are  divided  into  three  depart 
ments:  the  Legislative,  Executive,  and  Judicial. 

The  Legislative  department  is  that  which  enacts  the  laws 
for  the  government  of  the  people,  and  its  power  is  vested  in  a 
Senate  and  House  of  Representatives.  The  Senate  has  thirty- 
two  members,  and  the  House  of  Representatives  has  one 
hundred  members. 

Tin-so  officers  are  elected  by  the  people,  from  districts 
into  which  the  State  is  divided,  and  hold  their  offices  for  two 
years. 

Tii''  Executive  power  of  the  Government  is  vested 
in  a  Governor,  wh»  is  assisted  by  such  other  officers  as  are 
necessary  to  carry  out  and  execute  the  laws.  Indeed,  it  is 
the  business  of  this  department  to  see  to  it  that  the  laws  are 
carried  into  etf'ect. 

The  Judicial  department  is  that  which  administers  justice 
according  to  the  laws,  and  is  composed  of  the  different  Courts 
of  Justice.  The  Judges  and  Justices  of  the  Peace  are  Judi 
cial  officers. 

i]>n*xtinn*— Into  how  many  departments  arc  the  powers  of  govern 
ment  divided?  Name  them.  What  N  :li.-  Legislative  depurlment  ? 
How  many  members  are  there  in  each  IIon>e?  How  are  Mich  mem 
bers  elected  ?  How  long  do  they  hold  their  terms  of  oflice?  In  whom 
is  tin-  Kxe.-utivr  '.ieparnu-nt  vested?  What  is  the  -p«-eial  duty  of  tin's 
department?  Wlint  is  the  Judicial  department?  Of  what  officers  is 
this  department  composed? 


GOVERNMENT  OF  MICHIGAN.  41 


CHAPTER  XVI. 


ELECTION    OF    STATE,    COUNTY,    AND   TOWNSHIP    OFFICERS. 

In  order  that  the  government  may  be  administered,  it  is 
necessary  that  officers  should  be  elected  for  that  purpose.  As 
the  duties  of  some  of  these  officers  pertain  to  the  whole  State, 
we  call  them  State  officers;  those  whose  duties  are  limited  to 
the  county,  we  call  county  officers;  and  those  whose  duties 
are  limited  to,  and  pertain  to  the  government  of  the  town 
ships,  cities,  and  villages,  we  call  township,  city,  or  village 
officers,  as  the  case  may  be. 

Once  in  two  years,  on  the  Tuesday  succeeding  the  first 
Monday  in  November,  a  general  election  is  held  throughout 
the  State,  at  which  the  people  choose,  by  ballot,  their  Gover 
nor,  Lieutenant-Governor,  Secretary  of  State,  Superintendent 
of  Public  Instruction,  State  Treasurer,  Commissioner  of  the 
Land  Office,  members  of  the  State  Board  of  Education,  Audi 
tor-General,  Attorney-General,  members  of  the  Legislature, 
and  Representatives  in  Congress,  Sheriif,  County  Clerk,  County 
Treasurer,  Register  of  Deeds,  Prosecuting  Attorney,  and  Cir 
cuit  Court  Commissioners;  and  once  in  four  years,  in  addition 
to  these,  a  Probate  Judge,  and  Electors  of  President  and 
Vice-President  of  the  United  States.  The  State  is  divided 
into  nine  districts,  for  the  election  of  Representatives  in 
Congress. 

On  the  first  Monday  in  April,  of  each  year,  in  each  organ 
ized  township,  the  people  elect  a  Supervisor,  a  Justice  of  the 
Peace,  a  Township  Clerk,  a  Commissioner  of  Highways,  a 
Township  Treasurer,  a  School  Inspector,  not  exceeding  four 


42  GOVERNMENT    OF    MICHIGAN. 

Constables,  and  one  Overseer  of  Highways  for  each  highway 
district. 

Judges  of  the  Supreme  and  Circuit  Courts,  Regents  of 
the  State  University,  and  County  Superintendents  of  Schools> 
are  also  elected  at  the  April  elections. 

In  addition  to  these,  elections  are  held  in  cities  and  vil 
lages,  of  officers  to  discharge  the  duties  required  of  them  under 
the  charter  and  by-laws  of  such  city  or  village. 


Questions — In  treating  of  the  officers  required  to  (any  on  the 
government,  under  what  general  classification,  do  we  refer  to  them  ?  At 
what  time  is  the  general  election  for  the  State  and  county  officers  held? 
Name  the  officers  elected  at  the  general  election.  Into  h'nv  many  dis 
tricts  is  the  State  divided  for  the  election  of  Representatives  in  Congress  ? 
At  what  time  are  township  officers  elected?  Name  the  townartiip  offi 
cers.  What  other  officers  are  elected  at  the  spring  election  ? 


CHAPTER    XVII. 


QUALIFICATIONS      OF      ELECTORS  NATURALIZATION      OF      FOR 
EIGNERS. 

The  right  to  vote  is  called  the  right  of  suffrage. 

Persons  who  have  the  right  to  make  choice  of  public  offi 
cers,  and  to  vote,  are  called  electors. 

In  all  elections,  every  male  citi/en,  every  male  inhabitant 
residing  in  the  State,  on  the  twenty-fourth  day  of  June,  1835; 
every  male  inhabitant  residing  in  the  State,  on  the  first  day 
of  January,  1850,  who  has  declare. I  his  intention  to  become  a 
citi/en  of  the  United  States,  pursuant  t:>  the  laws  thereof,  six 
months  preceding  an  election,  or  who  has  resided  in  the  State 
two  years  and  six  months,  and  declared  his  intention  as  afore- 


GOVERNMENT    OF    MICHIGAN.  43? 

i^  and  every  civilized  male  inhabitant  of  Indian  descent,  a 
native  of  the  United  States  and  not  a  member  of  any  tribe, 
shall  be  an  elector  and  entitled  to  vote;  but  no  citizen  or 
inhabitant  shall  be  an  elector  or  entitled  to  vote  at  any  election 
unless  he  shall  be  above  the  age  of  twenty-one  years,  and 
have  resided  in  this  State  three  months,  and  in  the  township 
or  ward  in  which  he  offers  to  vote  ten  days  next  preced 
ing  such  election.  Provided,  that  in  time  of  war,  insurrec 
tion,  or  rebellion,  no  qualified  elector  in  the  actual  military 
service  of  the  United  States,  or  of  this  State,  in  the  army  or 
navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his 
absence  from  the  township,  ward,  or  State  in  which  he  resides; 
and  the  Legislature  shall  have  the  power,  and  shall  provide 
the  manner  in  which,  and  the  time  and  place  at  which,  such 
absent  electors  may  vote,  and  for  the  canvass  and  return  of 
their  votes  to  the  township  or  ward  election  district  in  which 
they  respectively  reside,  or  otherwise. 

Persons  born  in  other  countries  are  called  aliens;  and  to 
become  citizens  must  be  naturalized.  To  accomplish  this,  the 
person  desiring  to  become  a  citizen  must  go  before  the  Court 
or  the  clerk  thereof,  two  years  before  he  can  be  admitted  as  a 
citizen,  and  declare,  on  o  ith,  in  writing,  that  he  intends  to 
become  a  citizen  of  the  United  States,  and  to  renounce  his 
allegiance  to  his  former  government;  and  he  must  declare  on 
oath  that  he  will  support  the  Constitution  of  the  United  States. 
Then,  two  years  thereafter,  the  Court,  if  satisfied  as  to  his 
moral  character  and  loyalty,  and  that  he  has  resided  in  the 
United  States  for  five  years,  and  in  the  State  or  Territory 
where  the  Court  is  held,  for  one  year,  may  admit  him  as  a 

citizen. 

Persons  residing  within  and  under  the   jurisdiction  of  the 

United  States,  at  any  time  between  the   18th  of  June,  1778,, 


44  GOVERNMENT    OF    MICHIGAN. 

and  April  14,  180*3,  and  who  have  continued  to  reside  therein, 
are  exempt  from  the  provisions  of  the  preceding  paragraph. 

Any  alien  being  a  minor,  who  arrives  in  the  United 
States  when  not  over  eighteen  years  of  age,  and  continues  to 
reside  therein,  may,  after  he  arrives  at  the  age  of  twenty-one 
years,  and  alter  he  shall  have  resided  live  years  within  the 
United  States,  be  admitted  as  a  citixen,  without  having  made 
the  usual  declaration  three  years  previous  to  his  admission; 
but  this  declaration  must  be  made  at  the  time  of  his  admis 
sion,  and  he  must  declare  to  the  Court  on  oath,  and  prove  that 
for  three  years  next  preceding,  it  has  been  his  intention  to 
become  a  citizen  of  the  United  States. 

When  an  alien,  who  shall  have-  complied  with  the  provis 
ions  of  paragraph  four,  of  this  chapter,  relative  to  declaring 
his  intention,  may  die  before  being  naturalized,  his  widow 
and  children  shall  be  considered  citi/ens  of  the  United  States, 
and  entitled  to  all  the  privileges  as  such,  upon  taking  the  oath 
prescribed  by  law. 

Aliens  h-iving  borne  any  hereditary  title,  or  been  of  any 
of  the  orders  of  nobility  in  the  Kingdom  or  State  from  which 
they  came,  must  renounce  such  title,  or  order  of  nobility,  before 
they  can  be  admitted  as  citizens  of  the  United  States. 

When  at  war  with  other  nations,  the  United  States  Gov 
ernment  will  not  admit  to  citizenship,  the  citizens,  subjects, 
or  denizens  of  sur-h  nation. 

As  to  the  proviMons  of  la^v  concerning  aliens  residing  in 
the  United  States  prior  to  LS12,  the  student  is  referred  to  the 
abstract  of  the  laws  of  the  United  States,  to  be  found  at  page 
2245,  of  the  Compiled  Laws  of  Michigan. 

The  children  of  naturalized  persons,  being  under  the  age 
of  twenty-one  years  at  the  time  of  their  parents  being  natu 
ralized,  shall,  if  dwelling  in  the  United  States,  be  considered 
.as  citizens  thereof. 


GOVERNMENT    OF    MICHIGAN.  45' 

Children  of  persons  who  are  or  have  been  citizens  of  the 
United  States,  though  born  elsewhere,  are  considered  as  citi 
zens  of  the  United  States. 

Any  alien,  of  the  age  of  twenty-one  years  and  upwards, 
who  has  enlisted  or  shall  enlist  in  the  armies  of  the  United 
States,  either  the  regular  or  the  volunteer  forces,  and  has  been, 
or  shall  be  hereafter,  honorably  discharged,  maybe  admitted  to 
become  a  citi/en  of  the  United  States,  upon  his  petition, 
without  any  previous  declaration  of  his  intention  to  become  a 
citizen  of  the  United  States  ;  and  he  shall  not  be  required  to 
prove  more  than  one  year's  residence  within  the  United 
States  previous  to  his  application  to  become  such  citizen;  and 
the  Court  admitting  such  alien,  shall,  in  addition  to  such 
proof  of  residence  and  good  moral  character,  as  is  now  pro 
vided  by  law,  be  satisfied,  by  competent  proof,  of  such  person 
having  been  honorably  discharged  from  the  service  of  the 
United  States  as  aforesaid. 

Aliens  may  be  admitted  to  citizenship  by  any  Court  of 
Record  having  common-law  jurisdiction,  and  a  seal,  or  clerk 
or  prothonotary. 

Questions  —  What  is  Hie  right  to-  vote  called?  Who  are  called 
electors?  Who  are  electors  in  Michigan?  What  is  an  alien?  How 
are  aliens  naturalized  ?  What  is  said  of  residents  of  the  United  States 
between  June  18th,  1778,  and  April  14th,  1802  ?  Of  alien  minors  who 
arrive  in  this  country  while  under  the  age  of  eighteen  years?  Of  the 
widow  and  children  of  aliens  who  die  before  being  fully  admitted  to 
citizenship  ?  Of  aliens  having  hereditary  titles,  or  belonging  to  orders 
of  nobility  ?  When  will  certain  aliens  not  be  admitted  ?  What  is  said 
of  the  minor  children  of  naturalized  persons  ?  Of  children  of  Ameri 
can  citizens,  born  in  other  countries?  What  is  said  of  the  naturaliza 
tion  of  persons  who  Lave  enlisted  in  the  military  service  of  the  United 
States,  and  been  honorably  discharged?  In  what  Courts  may  aliens 
be  admitted  to  citizenship  ? 


46  GOVERNMENT  OF  MICHIGAN. 


CHAPTER  XVIII. 


ELECTIONS    HOW      CON'lH'tTED    --    CHALLENGE      OF     PERSONS 

OKKEIUNi;    TO    VOTE. 

At  the  general  election,  the  Supervisor,  the  Justice  of  the 
Peace  whose  term  of  office  will  iirst  expire,  and  the  Township 
Clerk  of  each  township,  and  the  Assessor  and  Alderman  of  each 
v.ar.1  in  a  city,  or  if  in  any  city  there  be  not  an  Assessor  in 
every  ward,  then  the  two  Aldermen  of  each  ward,  shall  be  the 
inspectors  of  election.  These  officers  constitute  a  Board. 

The  Township  Clerk,  assisted  by  some  other  person,  acts 
as  clerk  of  the  election.  He  provides  a  box  with  an  opening 
in  the  lid,  through  which  each  ballot  received  must  be  inserted, 
and  keeps  two  lists  of  the  names  of  all  persons  voting  at  the 
election.  The  ballot  consists  of  a  paper  ticket  on  which  is 
written  or  printed  the  names  of  the  persons  for  whom  the 
voter  intends  to  vote,  and  the  offices  to  which  the  persons 
named  on  the  ballot  are  intended  to  be  chosen.  The  person 
offering  to  vote  delivers  his  ballot  to  one  of  the  inspectors,  in 
the  presence  of  the  Hoard. 

The  inspectors  or  any  elector  qualified  to  vote  at  the 
election,  may  challenge  any  person  offering  to  vote;  that  is, 
may  object  to  such  person  voting,  on  the  ground  that  he  has 
not  the'leiral  qualifications  entitling  hi...  to  vote.  When  such 
a  challenge  is  made,  one  of  the  inspectors  administers  an  oath 
or  affirmation  to  the  person  challenged,  and  if  such  person 
shall  swear  or  affirm  that  he  is  qualified,  his  vote  must  be 
received.  The  form  of  the  oath,  or  affirmation,  must  be  such 
.as  to  contain  the  grounds  of  the  voter's  qualification.  Thus, 


GOVERNMENT    OF    MICHIGAN.  47 

if  he  is  a  citizen  of  the  United  States,  is  twenty-one  years  of 
age,  and  has  resided  in  the  State  and  township  or  ward  during 
the  time  required  by  law,  the  form  of  the  oath  is: 

"  You  do  solemnly  swear  [or  affirm]  that  you  are  twenty- 
one  years  of  age;  that  you  are  a  citizen  of  the  United  States; 
that  you  have  resided  in  this  State  three  months  next  pre 
ceding  this  clay,  and  in  the  township  (or  ward,  as  the  case  may 
be)  ten  days  next  preceding  this  day,  and  that  you  have  not 
voted  at  this  election." 

Questions — What  officers  constitute  the  inspectors  of  election? 
Who  acts  as  clerk  of  the  election  ?  What  is  the  clerk  required  to  pro 
vide  and  to  do  in  relation  to  the  election  ?  What  is  a  ballot  ?  In  what 
way  do  electors  vote  ?  What  is  meant  by  challenging  a  person  who 
offers  to  vote?  In  what  way  do  the  inspectors  determine  whether  a 
person  challenged  is  qualified  to  vote  ? 


CHAPTER    XIX. 


OF  ELECTIONS,  CONTINUED CANVASS  OF  VOTES  AND  RETURN  OF 

STATEMENTS. 

When  the  polls  are  closed,  the  ballots  are  examined  ana  a 
statement  of  the  result  is  prepared  in  duplicate,  and  certified 
to  by  the  inspectors.  One  of  these  statements  is  Jiled  with 
the  township  or  city  clerk,  and  the  other  is  delivered  to  one  of 
the  inspectors  designated  by  the  Board,  to  attend  the  county 
canvass,  to  be  delivered  to  the  county  clerk. 

The  inspectors  so  designated,  from  the  different  towns  in 
the  county,  meet  at  the  office  of  the  county  clerk,  on  the 
Tuesday  next  after  the  election,  and  organize  themselves  into 


48  GOVERNMENT  OF  MICHIGAN. 

a  Board  of  Canvassers,  and  proceed  to  examine  the  statements- 
sent  from  the  inspectors. 

Sometimes  a  county  has  more  than  one  Senatorial  or 
Representative  district.  In  such  case  each  district  has  a 
Board  of  Canvassers,  so  far  as  the  canvass  relates  to  Senators 
and  Representatives,  consisting  of  the  inspectors  representing 
the  towns  in  such  districts. 

The  County  Canvassers  are  required  to  make  a  separate 
statement,  containing  the  whole  number  of  votes  given  in 
such  county  for  the  State  officers,  and  the  names  of  the  per 
sons  for  whom  such  votes  were  given,  and  the  number  of  votes 
given  for  each;  another,  of  the  votes  given  for  Representative 
in  Congress.  Copies  of  these  statements  are  sent  to  the  Gov 
ernor,  Secretary  of  State,  and  State  Treasurer;  and  the  result 
of  the  canvass  for  members  of  the  Legislature  is  certified  to, 
and  delivered  to  the  persons  elected. 

Questions  —  When  the  polls  arc  closed,  how  are  the  votes  can 
vassed?  Who  constitute  the  Board  of  County  Canvassers ?  What  ;irc 
their  duties?  State  how  the  votes  are  canvassed  for  Senators  and 
Representatives  where  the  district  is  less  than  a  whole  county.  To 
what  persons  are  the  results  of  the  canvass  sent? 


CHAPTER    XX. 


OF     ELECTIONS,     CONTINUED  —  PROCEEDINGS     IN     CAST!     OF    TIK 
VOTK <  AN  VASSK  KS (  ONSTITUTK  » X  A  I.    A  M  K  X  1 '  M  K  X  IS. 

In  each  election  district,  for  the  election  of  a  Senator  or 
Representative,  or  where,  in  elections  for  county  officers  or 
members  of  the  Legislature,  two  or  more  persons  receive  an 


GOVERNMENT    OF    MICHIGAN.  49 

equal  number  of  votes  for  the  same  office,  as  many  strips  of 
paper  as  there  are  such  persons,  are  prepared,  and  on  one  of  the 
strips  is  written  the  word  "  Elected,"  and  on  the  others  "  Not 
Elected."  These  are  placed  in  a  box  and  each  of  the  afore 
said  persons  draws  one  of  the  slips  therefrom,  and  the  person 
drawing  the  slip  on  which  is  the  word  "  Elected,"  is  deemed 
elected  to  the  office  in  question. 

In  each  election  district,  of  a  Senator  or  Representative, 
in  the  State  Legislature,  the  limits  of  which  are  greater  than 
those  of  a  county,  there  is  a  Board  of  District  Canvassers,  com 
posed  of  the  clerks  of  the  several  counties  within  the  district, 
the  Judge  of  Probate  and  the  Sheriff  of  the  county  in  which 
the  meetings  of  the  Board  are  held.  The  result  of  their  can 
vass  is  filed  with  the  clerk  of  the  county  where  their  meeting 
is  held,  and  such  clerk  sends  a  copy  thereof  to  the  Secretary 
of  State,  and  another  copy  to  the  person  elected. 

The  Secretary  of  State,  the  State  Treasurer,  and  the 
Commissioner  of  the  State  Land  Office  constitute  the  Board 
of  State  Canvassers.  These  canvassers  determine  from  the 
returns  sent  by  the  county  clerks,  who  are  elected  State  offi 
cers  and  Representatives  in  Congress,  to  whom  the  Secretary 
of  State  sends  certificates  of  election.  They  also  determine 
who  are  elected  Electors  of  President  and  Vice-President. 

The  Legislature  sometimes  proposes  amendments  to  the 
constitution,  and  submits  them  to  the  people,  who  at  the  general 
election  vote  thereon.  The  State  canvassers  determine  the 
vote  of  the  people,  on  such  measures. 


? — In  the  election  of  county  officers  and  members  of  the 
Legislature,  what  course  is  pursued  when  two  or  more  persons  receive 
an  equal  number  of  votes  for  the  same  office  ?  Who  compose  the 
board  of  canvassers,  where  the  limits  of  the  Senatorial  and  Represen 
tative  districts  are  greater  than  a  county  ?  What  disposition  is  made 
with  the  statement  of  the  result  of  the  canvass  in  such  cases  ?  What 
officers  constitute  the  Board  of  Stale  Canvassers  ?  What  are  their  duties  ? 
4 


50  GOVERNMENT    OF    MICHIGAN. 


CHAPTER   XXI. 


HOW    THE    PRESIDENT    AND     VICE-PRESIDENT    OF     THE     UNITED 
STATES   ARE    ELECTED. 

The  people  do  not  vote  directly  for  President  and  Vice- 
President  of  the  United  States,  but  the  voters  of  each  State 
choose  a  number  of  men  equal  to  the  number  of  Senators  and 
Representatives  to  which  it  is  entitled  in  Congress.  These 
are  called  Presidential  Electors.  The  State  of  Michigan  is 
entitled  to  two  Senators  and  nine  Representatives  in  Con 
gress.  Hence  we  choose  eleven  Electors. 

These  Electors  convene  at  the  State  Capitol,  on  the  first 
Wednesday  in  December  next  after  the  election,  and  vote  for 
President  and  Vice-President,  and  make  a  list  of  the  persons 
voted  for,  and  the  number  of  votes  for  each,  which  is  sent  to 
the  President  of  the  United  States  Senate. 

On  the  second  Wednesday  of  February,  the  President 
of  the  Senate,  in  the  presence  of  all  the  Senators  and  Repre 
sentatives,  opens  all  the  certificates,  and  the  votes  are  counted. 
The  persons  having  a  majority  of  all  the  Electoral  votes  for 
President  and  Vice-President  are  declared  elected. 

In  case  a  person  receives  a  plurality  of  the  Electoral 
votes  for  President,  but  not  a  majority,  the  House  of  Repre 
sentatives  elects  a  President. 

Suppose  there  are  three  candidates  for  the  office,  and 
that  of  the  3G6  Electoral  votes,  one  candidate  should  receive 
150  votes,  another  130  votes,  and  the  other  86.  Now,  a  ma 
jority  of  306  cannot  be  less  than  184;  consequently  neither 
would  be  elected.  In  such  case  the  House  of  Representatives 


GOVERNMENT  OF  MICHIGAN.  51 

would  elect  a  President,  the  members  of  each  State  voting  by 
themselves,  and  the  candidate  receiving  a  majority  of  the 
Representatives  of  a  State,  has  one  vote  for  such  majority  ; 
that  is,  there  are  as  many  Presidential  votes  as  there  are 
States,  and  the  person  who  receives  the  votes  of  a  majority  of 
the  States  is  elected. 

If  the  Electors  fail  to  elect  a  Vice-President,  the  Senate, 
in  a  body,  chooses  one  from  the  two  having  the  highest  num 
ber  of  Electoral  votes. 


—  How  do  people  vote  for  President  and  Vice-President 
of  the  United  States?  To  how  many  Presidential  Electors  is  the 
State  of  Michigan  entitled?  What  is  clone  with  the  statement  of  the 
vote  of  the  electors?  When  and  where  is  the  vote  of  the  various 
States  counted  and  the  result  declared  ?  In  case  no  person  receives  a 
majority  of  all  the  votes  cast  for  President,  how  is  the  President 
elected?  What  is  the  difference  between  a  plurality  and  a  majority  ? 
In  case  the  Electors  fail  to  elect  a  Vice-President,  how  is  that  officer 
elected  ? 


CHAPTER    XXII. 


OF  THE    LEGISLATIVE    DEPARTMENT ITS    POWERS    AND    DUTIES. 

We  have  already  seen  how  Senators  and  Representatives 
in  the  State  Legislature  are  elected. 

The  Legislative  power  is  vested  in  a  Senate  and  House 
of  Representatives. 

Senators  and  Representatives  must  be  citizens  of  the 
United  States,  and  qualified  electors  in  the  respective  Counties 
and  Districts  which  they  represent. 

The    Legislature   meets   every  two   years,  at   the    State 


52  GOVERNMENT    OF    MICHIGAN. 

Capitol  at  Lansing,  on  the  first  Wednesday  in  January.  The 
room  in  which  the  Senators  meet  is  called  the  Senate  Cham 
ber,  and  the  room  in  which  the  Representatives  meet  is  called 
the  Representative  Hall,  or  Hall  of  Representatives. 

Every  Senator  and  every  Representative  takes  an  oath 
to  support  the  Constitution  of  the  United  States,  and  the 
Constitution  of  the  State  of  Michigan,  and  that  he  will  faith 
fully  discharge  the  duties  of  his  office,  according  to  the  best 
of  his  ability. 

A  majority  of  each  House  constitutes  a  quorum.  Each 
House  determines  the  rules  of  its  proceedings,  and  judges  of 
the  qualifications,  election,  and  returns  of  its  members. 
Each  House  keeps  a  journal  of  its  proceedings,  and  publishes 
the  same,  except  such  parts  as  may  require  secrecy.  Tlwe 
yeas  and  nays,  that  is,  the  way  in  which  members  vote  on  any 
question,  must  be  entered  on  the  journal,  at  the  request  0f 
one-fifth  of  the  members  elected.  The  House  of  Representa 
tives  chooses  one  of  its  members  to  preside  over  it,  who  is 
called  a  Speaker.  The  Lieutenant-Governor  is  the  presiding 
officer  in  the  Senate,  and  is  called  a  President. 

The  presiding  officer  preserves  order,  and  sees  that  the 
business  of  the  House  is  properly  attended  to.  When  a 
question  is  to  be  decided,  the  presiding  officer  "  puts  it  to 
vote;  "that  is,  requests  the  members  to  express  their  judg 
ment  In  favor  of  or  agafnst  the  measure.  Those  who^avor 
the  measure,  say  "  (nje  ;  "  those  who  oppose  it,  say  "  HO." 

The  officers  of  the  Senate  consist  of  a  President,  Secre 
tary,  Assistant    Secretary,   Sergeant-at-Arms,  Assistant   Ser- 
geant-at-Arms,    Engrossing    nnd    Enrolling    Clerk,    Ass 
Engrossing  and  Enrolling  Clerk,  Janitors,  Clerks  of 
tees,  and  Messengers. 

The  officers  of  the  House  of  Representatives  consij 
Speaker,  Clerk,  Corresponding  Clerk,  Journal  Clerk,  Engross- 


GOVERNMENT    OF    MICHIGAN.  53 

•ing  and  Enrolling  Clerk,  Assistant  Engrossing1  and  Enrolling 
Clerk,  Clerks  of  Committees,  Sergeant-at-Arms,  Assistant 
Sergeant-at-Arms,  and  Messengers.  A  Postmaster,  F-iremen, 
Assistant  Firemen,  and  Keepers  of  the  Cloak  Room,  are 
employed  by  both  Houses. 


Questions  —  In  what  bodies  is  the  Legislative  power  vested? 
What  are  the  qualifications  of  members  of  the  Legislature?  At  what 
times  does  the  Legislature  meet?  Name  the  Rooms  in  which  the  two 
Houses  meet.  What  oath  do  members  take?  What  body  fixes  the 
rules  governing  the  Legislature,  and  determines  the  qualifications  of 
its  members?  What  record  is  kept  by  the  Legislature  ?  What  officers 
preside  over  the  Legislature?  What  are  the  duties  of  the  presiding 
officers?  Name  the  officers  of  the  Senate.  Name  the  officers  of  the 
House. 


CHAPTER  XXIII. 


•OF    THE    ENACTMENT     OF    LAWS ELECTION    OF    UNITED    STATES 

SENATORS. 

When  the  two  Houses  are  organized  and  ready  for 
business,  the  Governor  presents  to  them  his  message.  This 
is  a  written  statement  of  the  condition  of  the  State,  and  calls 
attention  to  such  subjects  as  the  Governor  thinks  need  legis 
lation. 

The  presiding  officers  of  the  respective  Houses  usually 
appoint  committees,  to  whom  are  referred  the  different  sub 
jects  presented  for  the  consideration  of  the  Legislature. 
Sometimes,  however,  committees  are  elected  by  the  House  or 
Senate,  instead  of  being  appointed  by  the  presiding  officer. 
These  committees  consider  and  report  upon  the  matters 


54  GOVERNMENT  OF  MICHIGAN. 

referred  to  them.     In  the  Senate  there  are  now  thirty-nine  of 
these  committees,  and  in  the  House,  forty. 

Were  it  not  for  these  committees  it  would  be  almost 
impossible  to  transact  all  the  business  presented  to  the  Legis 
lature.  Some  measures  are  presented  by  the  Governor  and 
others  by  the  members.  The  people  sometimes  want  a  law 
passed,  and  procure  a  paper  to  be  drawn  up,  containing  their 
wishes,  which  is  called  a  petition,  and  send  it  to  the  Legisla 
ture.  Now  suppose  this  petition  asks  the  Legislature  to  pass 
a  law  in  regard  to  education  ;  the  petition  is  referred  to  the 
Committee  on  Education.  If  the  petition  relates  to  insur 
ance,  it  is  referred  to  the  Committee  on  Insurance,  and  so  on^ 
Sometimes  members  or  others,  draw  up  bills  which  they  desire- 
to  have  passed  by  the  Legislature.  A  bill  is  a  draft  of  a 
proposed  law  ;  or  it  may  be  defined  as  "an  instrument  pre 
sented  to  a  legislative  body  for  its  approbation,  and  enact 
ment."  These  bills  are  referred  to  the  appropriate  commit 
tees.  If  the  bills  so  referred  are  considered  proper  and 
necessarv,  the  committee  report  in  favor  of  them  and  recom 
mend  that  they  be  passed  —  that  is,  enacted  into  a  law. 

These  committees  frequently  draft  bills  and  report  them 
to  the  House.  If  a  committee  reports  against  a  measure 
referred  to  them,  the  House  generally  concurs  with  their 
recommendation  and  dismisses  the  subject. 

If  a  member  of  either  house  desires  the  passage  of  a  law, 
he  gives  notice  that  on  some  future  day  ho  will  ask  leave  to 
introduce  a  bill  for  that  purpose.  But  in  al:  rases,  at  least 
one  day's  notice  must  be  given  of  his  intention  to  ask  such 
leave. 

It  is  not  deemed  necessary  to  state  here  all  the  particular 
forms  through  which  a  bill  must  pass  before  it  can  become  a 
law.  It  is  perhaps  sufficient  to  say  that,  after  it  has  been  dis 
cussed  and  amended,  a  final  vote  is  taken  on  the  question : 


GOVERNMENT    OF    MICHIGAN.  .  55 

"  Shall  the  bill  pass  ?  "     If  a  majority  of  the  members  vote 
"aye,"  it  ^s  passed  ;  if  not,  it  is  lost. 

When  a  bill  is  passed  by  one  house,  it  is  sent  to  the  other, 
when  it  is  duly  considered  and  voted  upon.  If  it  passes  that 
house,  without  amendment,  it  is  sent  to  the  Governor  for  his. 
approval  ;  and  if  he  approves  it  he  attaches  his  signature  and 
it  becomes  a  law. 

If  a  bill  is  amended  in  the  second  house,  it  is  sent  back  to> 
the  house  where  it  originated  ;  and  when  both  houses  finally 
agree,  the  bill  is  sent  to  the  Governor. 

If  the  Governor  does  not  approve  the  bill,  he  declines  to 
sign  it,  and  returns  it  with  his  reasons  for  withholding-  his 
approval,  to  the  house  where  it  originated.  This  act  of  the 
Governor  is  called  his  veto,  which  is  a  Latin  word,  meaning, 
I  forbid.  Notwithstanding  the  veto,  if  two-thirds  of  the 
members  of  both  houses  shall,  thereafter,  approve  the  bill,  it 
becomes  a  law. 

If  any  bill  be  not  returned  by  the  Governor  within  ten 
days,  Sundays  excepted,  after  it  has  been  presented  to  him,  it 
becomes  a  law,  as  if  he  had  signed  it,  unless  the  Legislature, 
by  their  adjournment,  prevent  its  return  ;  in  which  case  it 
does  not  become  a  law. 

The  Governor  may  approve,  sign,  and  file  in  the  office  of 
the  Secretary  of  State,  within  five  days  after  the  adjournment 
of  the  Legislature,  any  act  passed  during  the  last  five  days 
of  the  session  ;  arid  the  same  thereupon  becomes  a  law. 

The  Legislature  elect  United  States  Senators.  Each 
State  is  entitled  to  two  Senators,  who  are  elected  for  the  term 
of  six  years. 

Questions — When  the  two  houses  of  the  Legislature  are  organ 
ized,  what  duty  does  the  Governor  perform?  What  is  said  of  the 
appointment  of  committees?  Plow  many  committees  has  the  Senate? 
How  many  committees  has  the  House  of  Representatives?  What  are 


56  GOVERNMENT  OF  MICHIGAN. 

the  duties  of  these  committees?  What  is  a  bill?  When  a  bill  is 
introduced,  what  course  is  usually  pursued  with  reference  to  4t?  In 
case  a  member  wishes  to  introduce  a  bill,  what  does  he  do?  When^a 
bill  is  passed  in  one  house,  what  is  done  with  it?  How  can  a  biH 
become  a  law  when  the  Governor  refuses  to  approve  it?  State  what 
becomes  of  a  bill  if  not  returned  by  the  Governor  within  ten  days 
from  the  time  it  is  presented  to  him.  In  (rase  of  an  adjournment 
before  all  the  bills  passed  have  been  returned  by  the  Governor,  how 
may  they  become  etVeetual  as  laws?  What  members  of  Congress  do 
the  Legislature  elect? 


CHAPTER  XXIV. 

EXECUTIVE     DEPARTMENT DUTIES     OF     THE      GOVERNOR     AND 

OTIIKIl    OFFH  KKS. 

The  Executive  department  is  vested  in  the  Governor,  who, 
in  the  discharge  of  his  duties,  is  assisted  by  a  number  of  sub 
ordinate  officers. 

A  person  to  be  eligible  to  the  office  of  Governor  or  Lieu 
tenant-Governor,  must  have  been  a  citizen  of  the  United 
States  for  at  least  five  years,  and  a  resident  of  this  State  two 
years  next  preceding  his  election,  and  must  be  thirty  years  of 
age  or  upwards. 

The  Governor  and   Lieutenant-Governor  are  elected  for 

two  years. 

The  Governor  is  Coinmander-in-Chief  of  the  military  and 
naval  forces  of  the  State,  and  may  call  out  such  forces  to  exe 
cute  the  laws,  to  suppress  insurrections,  and  to  repel  invasions. 
He  transacts  all  necessary  business  for  the  State  with  the  offi 
cers  of  the  government.  He  may  convene  the  Legislature  on 
extraordinary  occasions. 


GOVERNMENT  OF  MICHIGAN.  57 

He  informs  the  Legislature  of  such  measures  as  he  deems 
expedient. 

He  may  grant  reprieves,  commutations,  and  pardons  IV 
all  offenses  except  treason  and  cases  of  impeachment.  If  a 
person  has  been  found  guilty  of  an  offense  and  is  sentenced 
to  be  punished,  the  Governor  has  power  to  postpone  or  put 
off  the  time  when  the  punishment  shall  commence.  This 
is  called  a  reprieve.  If  he  should  set  the  person  free  and 
discharge  him  from  punishment,  this  would  be  called  a 
pardon. 

By  commutation  is  meant  the  change  of  a  punishment  to 
which  a  person  has  been  condemned,  into  a  less  severe  one. 

The  Lieutenant-Govern  or  is,  by  virtue  of  his  office,  Presi 
dent  of  the  Senate,  and  in  case  of  the  impeachment  of  the 
Governor,  his  removal  from  office,  death,  inability,  resignation, 
or  absence  from  the  State,  the  duties  of  the  office  devolve  upon 
the  Lieutenant-Governor. 

The  Secretary  of  State  is  an  executive  officer.  It  is  his 
duty  to  countersign  all  commissions  issued  by  the  Governor. 
The  original  acts  of  the  Legislature  are  deposited  with  him. 
He  is  to  furnish  laws  for  publication;  to  distribute  the  stat 
utes;  to  give  notice  of  vacancies  to  be  filled  at  a  general 
election;  to  record  statements  of  votes  transmitted  by  County 
Clerks,  and  the  statement  of  State  Canvassers;  to  issue  cer 
tificates  of  election  to  United  States  Senators;  to  record  deeds 
and  other  evidences  of  title  in  the  State;  to  countersign,  State 
bonds  and  certificates,  and  to  discharge  many  other  duties 
prescribed  by  law. 


Questions — In  whom  is  tlie  executive  department  vested?  What 
are  the  qualifications  for  Governor  ?  For  how  long  a  term  are  Governor 
and  Lieutenant-Governor  elected?  What  is  the  Governor's  relation  to 
the  military  and  iiaval  forces  of  the  State?  Enumerate  other  powers 


58  GOVERNMENT  OF  MICHIGAN. 

and  duties  of  the  Governor.  What  is  a  Reprieve  ?  Pardon  ?  Com 
mutation?  What  are  some  of  the  duties  of  Lieutenant-Governor ?• 
Mention  swine  of  the  duties  of  Secretary  of  State. 


CHAPTER  XXV. 


OF    STATE    OFFICERS  AND  THEIR  DUTIES,  CONTINUED AUDITOR- 

GENERAL STATE     TREASURER COMMISSIONER     OF     THE 

LAND    OFFICE SUPERINTENDENT    OF  PUBLIC    INSTRUCTION. 

—  ATTORNEY-GENERAL. 

The  Auditor-General  m::y  be  called  an  executive  officer. 
Among  the  many  duties  he  is  required  to  perform,  the  follow 
ing  may  be  mentioned :  He  is  to  state  accounts  and  liquidate 
claims'  against  the  State;  to  adjust  claims  in  favor  of  the 
State;  to  keep  accounts  between  the  Treason-:-  and  the  State; 
to  report  to  the  Legislature  upon  the  funds  of  the  State;  to 
estimate  and  charge  specific  tax.  on  corporations,  and  to  issue 
warrants  iVr  the  collection  thereof;  to  apportion  the  State  tax, 
and  to  make  out  and  transmit  to  the  clerks  of  Boards  of  Super 
visors  statements  of  amounts  apportioned  to  counties. 

The  State  Treasurer  has  charge  of  the-  public  moneys  that 
are  paid  into  the  State  Treasury.  It  is  his  duty  to  make  a 
report  to  the  Legislature,  embracing  a  statement  of  the  bal 
ance  in  the  Treasury  to  the  credit  of  the  State,  with  a  summary 
of  the  receipts  and  payments  made  by  the  Treasury. 

The  Commissioner  of  the  State  Land  Office  has  the  gen 
eral  charge  of  all  lands  belonging  to  the  State,  or  in  which  it 
has  an  interest;  and  ho  is  authorized  to  lease,  sell,  and  dispose 
of  the  same  in  the  manner  prescribed  by  law. 

The  Superintendent  of  Public  Instruction  has  the  general 


GOVERNMENT    OF    MICHIGAN.  59' 

supervision  of  public  instruction  in  the  State,  and  of  the 
State  Reform  School.  It  is  his  duty  to  transmit  to  the  Gov 
ernor,  to  be  by  him  transmitted  to  the  Legislature,  a  report 
containing", 

First. — A  statement  of  the  condition  of  the  University 
and  of  all  incorporated  literary  institutions  and  primary  schools. 

Second. — Estimates  and  amounts  of  expenditures  of  the 
school  moneys. 

Third. — Plans  for  the  improvement  and  management  of 
all  educational  funds,  and  for  the  better  organization  of  the 
educational  system,  if,  in  his  opinion,  the  same  be  required. 

Fourth. — The  condition  of  the  Normal  School. 

Fifth. — The  annual  leports  and  accompanying  documents, 
as  far  as  he  shall  deem  the  same  of  sufficient  public  interest, 
of  the  Board  of  Control  of  the  State  Reform  School. 

He  is  required  to  publish  the  school  laws,  and. to  furnish 
necessary  forms  for  conducting  proceedings  under  such  laws; 
to  apportion  the  school  fund,  and  to  do  many  other  acts  pro 
vided  for  by  law. 

The  Attornev-General  is  the  law-officer  of  the  State.  The 
following  are  some  of  his  duties  : 

He  is  to  prosecute  and  defend  for  the  State,  in  actions  in 
the  Supreme  Court,  and  in  other  courts,  when  directed  so  to 
do  by  the  Governor  or  the  Legislature ;  to  prosecute  and  defend 
'suits  on  request  of  State  officers;  to  consult  with  and  advise 
Prosecuting  Attorneys;  to  appear  for  the  State  before  State 
Auditors. 

Questions — Mention  some  of  the  duties  of  the  Auditor-General. 
Of  the  Commissioner  of  the  State  Land  Office.  Of  Superintendent  of 
Public  Instruction.  Of  the  Attorney-General. 


GOVERNMENT    OF    MICHIGAN, 


CHAPTER  XXVI. 


OF    STATE    BOARDS    AND    COMMISSIONERS. 

The  word  J>oard  is  used  to  designate  a  body  of  persons 
whose  duty  it  is  to  manage  or  control  some  institution,  or  to 
discharge  certain  specific  duties. 

Provision  has  been  made  by  law  for  the  establishment  of 
various  Boards,  to  discharge  duties  in  which  the  people  of  the 
whole  State  are  more  or  less  interested. 

It  is  frequently  the  case  that  for  the  discharge  of  particu 
lar  duties,  a  single  person  is  employed,  called  a  Commissioner. 
If  two  or  more  are  employed,  we  refer  to  them  as  a  Board,  or 
Board  of  Commissioners.  Some  of  these  Commissioners  are 
appointed  by  the  Governor,  others  are  elected  by  the  people, 
while  some  of  them  are  designated  by  name,  in  the  law  creating 
the  office  and  prescribing  the  duties  thereof. 

The  various  State  Boards  are,  with  lew  exceptions,  com 
posed  of  State  officers,  who,  in  addition  to  their  other  duties, 
are  required  by  law  to  act  together  in  managing  and  control- 
ing  certain  public  interests.  Some  of  these  Boards  are 
appointed  by  the  Governor.  Among  the  various  Boards  pro 
vided  for  by  law,  we  may  mention  the  Board  of  Agriculture, 
which  has  charge  of  the  Agricultural  College  and  its  interests; 
the  Board  of  Canvassers,  established  to  examine  the  statements 
of  votes  received  by  the  Secretary  of  State,  for  State  officers, 
Representatives  in  Congress,  and  Presidential  Electors;  the 
Board  of  Control  for  the  Reform  School  for  juvenile  offenders; 
the  Board  of  Control,  to  have  the  charge  of  the  canals  in  the 
Upper  Peninsula;  the  Board  to  take  charge  of  lauds  given  to 


GOVERNMENT    OF    MICHIGAN.  61 

the  State  by  Congress,  for  railroads;  the  Board  to  have  the 
charge  of  the  State  Public  School  at  Cold  water;  the  Board  of 
Education,  to  have  charge  of  the  State  Normal  School;  the 
Board  of  Equalization,  to  see  that  the  money  or  tax  to  be 
raised  for  State  purposes  is  fairly  and  equitably  levied  through 
out  the  State;  the  Board  of  Regents,  who  are  elected  by  the 
people,  and  who  have  charge  of  the  State  University;  the 
Board  of  State  Auditors,  whose  duty  it  is  to  examine  and 
adjust  claims  against  the  State ;  the  Board  of  Escheats,  to  take 
charge  of  the  property,  for  the  State,  of  those  who  die  with 
out  a  will  and  without  heirs;  the  State  Military  Board,  to 
audit  claims  of  a  military  character;  the  Boards  having  con 
trol  of  our  Asylums. 

Among  the  many  Commissioners  employed  to  discharge 
public  duties  in  this  State,  we  may  mention  Commissioners  to 
make  settlement,  on  the  division  of  counties;  to  examine  secu 
rities  of  insurance  companies,  and  to  see  that  they  comply 
with  the  provisions  of  law;  to  procure  information  and  statis 
tics  relative  to  the  scientific  treatment  and  cure  of  the  victims 
of  intemperance;  to  see  that  railroad  companies  comply  with 
the  laws,  rules,  and  regulations  established  for  their  manage 
ment. 

For  the  benefit  of  those  who  desire  a  more  particular 
statement,  concerning  the  various  State  Boards  and  their 
duties,  a  note  is  appended  to  this  chapter. 


Questions — What  is  meant  by  the  word  Board,  as  used  in  this 
lesson  ?  For  what  purposes  are  Boards  established  ?  Who  generally 
constitute  the  State  Boards  ?  Mention  some  of  the  State  Boards  and 
their  duties.  Mention  some  of  the  Commissioners  and  their  duties. 

NOTE.— The  State  Board  of  Agriculture  consists  of  six  members,  besides  the 
Governor  of  the  State,  and  the  President  of  the  Slate  Agricultural  College,  who  are 
by  virtue  of  their  office,  members  of  the  Board.  The  members  of  this  Board  are 
appointed  by  the  Governor.  They  meet  quarterly  at  the  State  Agriculturai  Collect; 


62  GOVERNMENT    OF    MICHIGAN. 

at  Lansing;  they  have  the  general  control  of  the  Agricultural  College,  the  farm  per 
taining  thereto,  and  of  the  lauds  belonging  to  the  College,  aud  of  all  appropriations 
made  therefor.  The  Secretary  of  the  Board  is  paid  a  salary  of  one  thousand  dollars 
per  annum.  He  is  required  to  keep  a  record  of  the  transactions  of  the  Board;  to 
encourage  such  domestic  industry  and  household  arts  as  are  calculated  to  promote 
the  general  thrift,  wealth,  and  resources  of  the  State;  the  formation  of  agricultural 
societies,  the  importation  of  improved  breeds  of  horses,  cattle,  sheep,  hogs,  and 
other  animals,  and  to  procure  and  distribute  seeds,  plants,  trees,  and  shrubbery. 

The  Secretary  of  State,  the  State  Treasurer  and  Commissioner  of  the  State 
i^and  Oltice,  c  mstitute  a  Board  of  State  Canvassers.  It  is  the  duty  of  this  Board  to 
examine  the  statements  received  by  the  Secretary  of  State,  of  the  votes  given  in 
the  several  counties,  and  make  a  statement  of  the  votes  given  for  the  State  officers, 
Representatives  ill  Congress,  Presidential  Electors,  and  the  votes  given  for  consti 
tutional  amendments,  and  in  relation  to  banking  laws. 

The  Governor,  Secretary  of  State,  Auditor-General,  Treasurer,  Attorney-Gen 
eral,  and  Commissioner  of  the  State  Land  O.lk-e,  constitute  a  Board  of  Control  for 
the  reclamation  of  swamp  lands  by  means  of  State  roads  and  ditches.  The  Legis 
lature  having  made  provision  for  ;hc  drainage  of  certain  swamp  lands  belonging  to 
the  State  l>v  the  construction  of  ro  ids  with  proper  ditches  and  drains,  at  the 
expense  of  the  State,  the  Board  of  Control  was  urbanized  to  direct  and  control  such 

Board  of  Control  for  the  Reform  School.-A  House  of  Correction,  known  as  the 
Reform  School,  for  the  correction  of  ollenders  under  sixteen  years  of  age,  's  io:atod 
at  Lansing.  This  institution  is  under  the  control  and  supervision  of  a  Board  con 
sisting  of  three  persons  appointed  by  the  Governor. 

\bout  twenty  years  ago  (1834-3),  a  ship-canal  was  constructed  at  Sault 
Marie'  to  facilitate  the  p:iss:xge  of  vessels  going  to  and  returning  from  Lake  Supe 
rior.  This  canal  is  undi-r  State  control,  and  a  Board,  consisting  of  the  Governor, 
State  Treasurer,  and  Auditor-General,  has  been  created  by  law,  to  have  charge  of 
this  public  improvement.  The  Governor  appoints  a  Superintendent  who  has 
the  immediate  charge  of  -the  canal,  and  who  collects  tolls  from  vessels  passing 

°   On  the  fhira  day  of  June,  1836,  Congress  granted  to  this  State  alarge quantity 
of  lands  for  railroad  purposes.    A  Board  to  manage  and  dispose  of  all  lands  appro 
priated  for  the  construction  of  railroads,  and  to  do  any  and  all  other  acts  nece 
and  proper  respecting  the  construction  of  said  railroads,  which  may  be  prescribe 
by  law,  consisting  of  the  Governor  and  sir  Commissioners  appointed  by  him,  ha 
been  provided  for. 

In  1871  the  Legislature  provided  for  the  establishment  of  a  School  for  dependent 
and  neglected  children.    This  school  has  been  established  at  Coldwater    and 
under  the  management  of  a  Board,  consisting  of  three  persons  appomtet 
Governor  called  a  Board  of  Control  of  the  State  Public  School. 

A  State  Normal  School  has  been  established  at  Ypsilanti,  for  the  instruction  of 
persons,  both  malo  and  female,  in  the  art  of  teaching.    Also  to  give  instr 
the  mechanical  arts,  and  in  the  arts  of  husbandry  and  agricultural  chemistry;  ir 
the  fundamental  laws  of  the  United  States,  and  with  regard  to  the  nghts  and  dutie 
.of  citizens.    This  school  is  under  the  control  of  a  Board  of  Education,  consisting 


GOVERNMENT    OF    MICHIGAN.  63 

of  three  persona,  elected  by  the  people,  in  addition  to  the  Superintendent  of  Public 
Instruction,  who  is  a  member  and  Secretary  of  the  Board. 

State  Board  of  Equalization.  -For  the  purpose  of  raising  money  to  support  the 
Government,  a  levy  is  made  upon  all  the  property  of  the  State,  and  a  certain  per 
cent,  of  its  value  is  required  to  be  paid.  For  this  purpose  the  lands  and  personal 
property  of  all  the  people  are  appraised,  and  this  appraisal  is  certified  to,  and  sent 
to  the  Auditor-General  by  the  clerks  of  the  different  counties.  In  order  that  the 
money  or  tax  to  be  raised  for  the  State  may  be  levied  upon  all  the  property  of  the 
State  fairly  and  equitably,  a  Board  of  Equalization  has  been  established,  consisting 
of  the  Lieutenaut-Governor,  Auditor-General,  Secretary  ol  State,  State  Treasurer, 
and  Commissioner  of  the  Land  Office.  It  is  the  duty  of  this  Board  to  examine  the 
statements  sent  to  them,  from  the  different  counties,  and  to  determine  whether  the 
relative  valuation  between  the  several  counties  is  equal  and  uniform,  according  to 
location,  soil,  improvements,  productions  and  manufactures,  and  whether  the  pcr- 
Bonal  estates  have  been  uniformly  estimated.  If  they  are  found  to  be  relatively 
unequal,  they  equalize  them  by  adding  to  or  deducting  from  the  aggregate  valuation 
of  taxable  real  and  personal  estate  in  such  county  or  counties,  such  percentage  as 
will  produce  relative  equal  and  uniform  valuations  between  the  several  counties  in 
the  State. 

The  State  Treasurer,  Auditor-General,  and  Secretary  of  State,  constitute  the 
Board  of  Fund  Commissioners.  The  statute  creating  this  Board,  makes  it  their 
duty,  when  there  is  more  money  in  the  treasury  than  is  necessary  to  pay  the  current 
expenses  of  the  State,  and  the  interest  on  its  indebtedness,  to  pay  a  portion  of  the 
principal  indebtedness.  A  more  recent  statute,  however,  confers  power  upon  the 
Treasurer  to  make  payment  upon  the  indebtedness  of  the  State,  whenever  he  shall 
have  a  surplus  of  money. 

The  Governor,  Superintendent  of  Public  Instruction,  and  the  President  of  the 
State  Board  of  Education,  constitute  a  Board  of  Geological  Survey.  They  have 
control  of  the  geological  survey  of  the  State,  and  for  that  purpose,  may,  from 
time  to  time,  appoint  such  person  or  persons  to  assist  in  making  such  survey  as  may 
be  deemed  necessary. 

For  the  management  and  control  of  the  State  University,  eight  Regents  are 
elected  by  the  people,  who  have  power  to  enact  ordinances,  by-laws,  and  regulations 
for  the  government  of  the  University;  to  elect  a  president,  to  fix,  increase,  and 
reduce  the  regular  number  of  professors  and  tutors,  and  to  appoint  the  same,  and  to 
determine  the  amount  of  their  salaries,  and  to  do  such  other  business  as  may  be 
necessary  for  the  management  and  control  of  the  University. 

The  Board  of  Commissioners  for  the  general  supervision  of  penal,  pauper,  and 
reformatory  institutions,  consists  of  three  members  appointed  by  the  Governor. 
It  is  their  duty  to  visit  the  city  and  county  poor-houses,  county  jails,  Reform 
School,  State  Prison,  Detroit  House  of  Correction,  State  and  Coutfty  Asylums  for 
the  insane,  and  the  deaf,  dumb,  and  blind,  to  ascertain  the  condition  of  such  insti 
tutions,  and  how  they  are  conducted  and  managed.  They  are  to  report  to  the  Gov 
ernor  the  result  of  their  investigations.  They  are  also  to  report  to  the  Governor 
such  changes  in  the  penal  and  criminal  laws  and  the  laws  concerning  these  institu 
tions,  as  they  think  are  proper.  The  Governor  may  appoint  one  or  more  females  to 
visit  the  institutions  above  referred  to,  and  investigate  the  treatment  and  provision 
made  for  women  and  children. 


64  GOVERNMENT   OF   MICHIGAN. 

The  Secretary  of  State,  State  Treasurer,  and  Commissioner  of  the  State  Land 
Office,  constitute  the  Board  of  State  Auditors.  It  is  their  duty  to  examine  and 
adjust  all  claims  against  the  State,  not  otherwise  provided  for  by  general  law. 

The  Board  of  State  Swamp  Land  Roud  Commissioners  consists  of  two  members, 
appointed  by  the  Governor.  These  Commissioners  superintend  the  letting  of  all 
contracts  upon  State  swamp  land  roads,  or  reject  contracts  made  by  the  local  com 
missioners.  They  are  to  inspect  the  work  of  contractors  on  the  swamp  roads;  to 
examine  into  all  trespasses  on  swamp  lands  of  the  State,  and  to  prosecute  therefor 
and  collect  damages  for  such  trespasses.  The  Board  of  Commissioners  are  to  report 
to  the  Board  of  Control,  and  in  some  respects  are  subordinate  to  them. 

Whenever  any  person  dies  without  having  made  a  will,  and  without  any  legal 
heirs,  the  property  of  such  person  is  escheated  to  the  State.  Escheat  means  a  thing 
fallen  to.  Thus,  when  there  is  no  relative  to  take  the  property  of  one  who  dice,  his 
property  falls  to  the  State,  or  is  escheated  to  the  State.  The  Auditor-General.  State 
Treasurer,  and  Secretary  of  State,  constitute  a  Board  of  Trustees  to  take  charge  and 
dispose  of,  for  the  State,  all  such  property. 

The  Superintendent  of  Public  Instruction  appoints,  every  two  years,  two  per 
sons  as  a  Board  of  Visitors,  whose  duty  it  is  to  make  personal  examination  into  the 
state  and  condition  of  the  University  in  all  its  departments  and  branches,  at  least 
once  in  each  year,  and  to  report  the  result  to  the  Superintendent,  suggesting  such 
improvements  as  they  may  deem  important. 

The  Board  of  Education  appoint  a  similar  Board,  consisting  of  three  persons, 
to  examine  into  the  affairs  of  the  Normal  School,  and  to  report  to  the  Superin 
tendent. 

A  ship-canal  has  been  constructed  across  Keweenaw  Point,  in  the  Upper  Pe«- 
insula,  from  Portage  Lake  to  Lake  Superior,  known  as  the  Portage  Lake  and  Lal*e 
Superior  Ship  Canal,  and  by  law,  the  Governor,  Auditor-General,  and  State  Treas 
urer,  are  constituted  a  Board  of  Control  to  establish  and  regulate  tolls  on  the  canal, 
and  to  make  suitable  rules  and  regulations  regarding  the  care  and  improvement  of 
the  same,  and  to  appoint  a  Superintendent  to  have  charge  of  it. 

The  Board  of  Fish  Commissioners  consists  of  two  persons  appointed  by  the 
Governor.  It  is  the  duty  of  the  Board  to  supervise  generally  the  fishing  interests, 
and  secure  the  enforcement  of  all  laws  relating  to  the  protection  of  fish  nndjisheriet 
in  the  State.  They  are  to  establish  a  State  fish-breeding  establishment,  for  the 
art(1icial  propagation  and  cultivation  of  fish ;  and  to  appoint  a  Superintendent  to 
take  charge  of  the  raising  of  fish  at  the  fishery. 

The  State  Military  Board  consists  of  the  Inspector-General  and  two  persons 
appointed  by  the  Governor,  who  hold  their  office  for  two  years.  The  Board  is  an 
advisory  body  to  the  Commander-in-chief.  It  is  their  duty  to  audit  all  claims  of  a 
military  character  against  the  State,  and  to  make  rules  and  regulations  for  the  gov 
ernment  of  the  State  troops. 

The  Board  of  Trustees  of  the  Michigan  Asylum  for  the  Insane,  and  also  the 
Board  of  Trustees  of  the  Michigan  Asylum  for  the  Deaf,  Dumb,  and  Blind,  consists 
of  three  persons  each  appointed  by  the  Governor.  These  institutions  and  the  prop 
erty  thereof,  are  under  the  control  of  these  Trustees. 


GOVERNMENT    OF    MICHIGAN.  65 


CHAPTER   XXVII. 


OF    COUNTIES    AND    COUNTY    OFFICERS. 

As  it  would  be  impossible  for  the  State  officers  whose 
duties  we  have  considered,  to  transact  all  the  public  business 
necessary  for  the  people,  the  State  has  been  subdivided  into 
smaller  portions  of  territory,  each  of  which  has  a  government, 
not  inconsistent  with  that  of  the  State.  Of  these  subdivisions, 
the  largest,  for  the  purposes  of  government,  are  counties.  The 
counties  usually  embrace  about  sixteen  townships  each. 

Most  of  the  county  officers  are  elected  by  the  people,  and 
consist  of  a  Probate  Judge,  Sheriff,  Clerk,  Treasurer,  Register 
of  Deeds,  Prosecuting  Attorney,  County  Surveyor,  two  Coro 
ners,  Superintendent  of  Schools,  and  Circuit  Court  Commis 
sioners.  In  some  of  the  larger  counties,  two  Circuit  Court  Com 
missioners  are  elected.  Three  Superintendents  of  the  Poor  are 
elected  by  the  Board  of  Supervisors.  There  may  be  elected 
in  each  county,  inspectors  of  beef  and  pork,  butter  and  lard, 
fish,  flour  and  meal,  leather,  and  pot  and  pearl  ashes. 

A  Board  of  Supervisors  is  established  in  each  county, 
consisting  of  one  member  from  each  township,  and  where 
there  are  cities  within  the  county,  such  cities  are  entitled  to  as 
many  Supervisors  as  may  be  psescribed  by  the  Legislature. 

The  Probate  Judge  and  Inspectors  hold  their  offices  for 
four  years;  Superintendents  of  the  Poor,  for  three  years;  and 
other  county  officers  for  two  years.  Supervisors,  who  are 
properly  township  officers,  hold  their  office  for  one  year.  In 
the  county  of  Wayne  there  is  a  Board  of  Auditors,  consisting 
of  three  persons,  who  hold  their  office  for  three  years. 
5 


66  GOVERNMENT    OF    MICHIGAN. 

Each  county  has  a  county-seat;  that  is,  a  place  where  the 
public  business  of  the  county  is  transacted.  A  court-house,  a 
jail,  and  fire-proof  offices  are  necessary  at  the  county-seat. 

Supervisors  are  elected  at  the  annual  township  meeting 
in  April,  in  each  township,  and  at  the  Spring  election  in  cities. 
These  Supervisors,  in  addition  to  the  duties  they  perform  in 
their  respective  townships  and  cities,  constitute  a  Board  to 
transact  business  in  which  all  the  people  of  the  county  are  in 
terested.  They  accordingly  moot  at  the  court-house,  at  the 
county-seat,  on  the  second  Monday  of  October,  in  each  year, 
and  at  such  other  times  as  may  be  necessary.  They  have 
power  to  purchase  land  for  the  use  of  the  county,  or  to  author 
ize  the  sale  of  lands  belonging  to  the  county;  to  cause  to  be 
built  necessary  buildings  for  the  use  of  the  county;  to  borrow 
money,  or  raise  by  tax  money  for  the  use  of  the  county  in 
making  improvements  authorized  by  law;  to  prescribe  and  fix 
the  compensation  for  all  services  rendered  for,  and  adjust  all 
claims  against  their  respective  counties;  to  provide  for  the 
raising  of  money  to  defray  the  current  expenses  of  the  county; 
to  make  such  laws  and  regulations  as  they  may  deem  neces 
sary  for  the  destruction  of  wild  beasts,  of  thistles  and  other 
noxious  weeds,  within  their  counties;  to  authori/e  town 
ships  to  borrow  or  raise  by  tax  any  sum  of  money,  not  exceed 
ing  one  thousand  dollars,  in  any  township,  in  any  one  year,  to 
build  or  repair  any  roads  or  bridges  in  such  township  or  town 
ships;  to  divide  their  county  into  representative  districts  equal 
to  the  number  of  representatives  to  which  such  county  is  by 
law  entitled;  to  divide  or  alter  in  its  bounds  any  township, 
and  to  erect  new  townships;  to  equali/e  and  correct  the 
assessment  for  taxes;  to  apportion  the  state  and  county  taxes 
between  the  several  townships,  and  to  do  many  other  things 
prescribed  by  law. 

The  Board  of  County  Auditors  of  Wayne  County  have 


GOVERNMENT    OF    MICHIGAN.  67 

all  the  powers  of  Boards  of  Supervisors  in  the  other  counties, 
except  in  relation  to  taxes. 


Questions  —  What  are  the  largest  subdivisions  of  the  State,  for 
the  purposes  of  government?  How  many  townships  are  usually 
embraced  in  a  county  ?  Name  the  county  officers.  What  board  is 
established  in  each  county?  For  what  length  of  time  are  county 
officers  elected  ?  In  addition  to  the  Board  of  Supervisors,  what  board 
is  established  in  the  county  of  Wayne?  What  do  we  call  the  place 
where  the  public  busine  s  of  the  county  is  transacted?  What  public 
buildings  are  required  at  the  county-seat  ?  At  what  times  do  the 
Board  of  Supervisors  meet  ?  Mention  some  of  their  powers  and  duties. 
What  powers  have  the  Board  of  County  Auditors  of  Wayne  County  ? 


CHAPTER    XXVIII. 


OF   COUNTY   OFFICERS  COUNTY   TREASURER  JUDGE   OF 

PROBATE PROSECUTING   ATTORNEY COUNTY   CLERK  

SHERIFFS. 

It  is  the  duty  of  the  County  Treasurer  to  receive  all 
moneys  belonging  to  the  county;  and  to  pay  the  same  out  in 
the  manner  provided  by  law.  Some  of  the  money  received 
by  him  belongs  to  the  State;  this  he  pays  over  to  the  State 
Treasurer.  Some  of  it  is  paid  out  to  the  county  officers  for 
their  salary,  and  some  of  it  to  the  officers  and  jurors  who 
attend  the  courts.  The  moneys  received  by  him  for  the  use  of 
the  county,  he  pays  out  on  the  orders  of  the  Board  of 
Supervisors. 

The  Judge  of  Probate  holds  his  court  at  the  county-seat. 
His  duties  will  be  noticed  when  considering  the  Judicial 
Department. 

It  is  the  duty  of  the  Prosecuting  Attorney  to  prosecute 


68  GOVERNMENT    OF    MICHIGAN. 

or  defend  all  suits  in  the  county,  in  which  the  State  or  county 
is  a  party.  It  is  his  duty  to  prosecute  those  who  commit 
crimes  within  his  county;  to  give  opinions,  where  the  State  or 
county  may  be  a  party  in  interest,  when  required  so  to  do  by 
any  of  the  civil  officers  in  the  discharge  of  their  duties,  relat 
ing  to  the  interest  of  the  State  or  county.  The  Board  of 
Supervisors  iix  the  salary  of  the  Prosecuting  Attorney. 

The  County  Clerk  is,  by  virtue  of  his  office,  clerk  of  the 
Circuit  Court,  and  keeps  the  records  of  papers  pertaining  to 
that  Court.  lie  is  also  clerk  of  the  Board  of  Supervisors  and 
of  the  County  and  District  Canvassers.  In  addition  to  many 
other  duties,  he  is  required  to  keep  a  record  of  all  the  births, 
deaths,  and  marriages  in  his  county.  Articles  of  association 
of  the  different  corporations  within  his  county,  and  certificates 
of  the  formation  of  religious  societies,  are  filed  in  his  office 
and  recorded  by  him.  His  salary  is  fixed  by  the  Board  of 
Supervisors,  but  in  addition  to  this  he  receives  fees  fixed  by 
law,  for  the  discharge  of  most  of  the  duties  performed  by 
him. 

The  Sheriff  has  the  charge  and  custody  of  the  jails  in  his 
county;  and  of  the  prisoners  of  the  same.  Of  the  many  duties 
he  has  to  perform,  we  may  mention  his  duty  to  execute  and 
serve  writs  and  orders  directed  to  him  by  the  courts;  to  attend 
the  Circuit  Court  and  preserve  order  therein;  and  to  keep  the 
public  peace.  The  Sheriff  appoints  an  Under-Sheriff  and 
deputies  to  assist  him  in  the  discharge  of  his  duties.  His  fees 
are  fixed  by  law. 

Questions — What  are  the  duties  of  the  County  Treasurer  ?  Where 
does  (he  Judge  of  Probate  hold  his  ofllce?  What  are  the  duties  of  the 
Prosecuting  Attorney?  By  whom  is  his  salary  fixed?  What  are  the 
duties  of  the  County  Clerk  ?  What  are  the  duties  of  Sheriff  ? 


GOVERNMENT    OF    MICHIGAN".  69 


CHAPTER  XXIX. 


OF  COUNTY  OFFICERS,  CONTINUED CORONERS REGISTER  OF 

DEEDS COUNTY  SURVEYORS COUNTY  SUPERINTENDENT 

OF  SCHOOLS. 

It  is  the  duty  of  a  Coroner,  when  informed  that  a  person 
has  died  suddenly,  or  from  violence,  to  procure  six  men  to  act 
as  jurors,  and  with  them  he  is  to  investigate  and  inquire  into 
the  cause  and  circumstances  of  the  death.  This  investigation 
is  called  a  coroners  inquest. 

Coroners  are  required  by  law  to  discharge  the  duties  of 
sheriff,  when  the  sheriff  is  a  party  interested.  Their  fees  are 
fixed  by  law. 

The  Register  of  Deeds  provides,  at  the  expense  of  the 
county,  suitable  blank  books,  which  he  keeps  in  his  office  at  the 
county-seat,  and  in  which  he  copies  or  records  all  the  deeds, 
mortgages,  and  other  papers  which  by  law  it  is  proper  to 
record  in  his  office,  that  may  be  presented  to  him. 

The  object  of  recording  these  documents  is  that  they  may 
be  preserved,  and  to  give  notice  to  all  persons  interested,  of 
their  existence.  The  Register  of  Deeds  is  paid  for  recording, 
by  the  hundred  words. 

It  is  the  duty  of  County  Surveyors  to  make  and  execute 
any  surveys  within  their  counties  that  may  be  required  by  any 
court  or  by  any  person.  These  surveys  are  made  to  determine 
the  location  and  boundary  lines  of  lands,  and  when  completed 
are  entered  in  a  record  kept  by  the  Surveyor  for  that  purpose. 

It  is  the  duty  of  the  County  Superintendent  of  Schools 
to  examine  all  persons  offering  themselves  as  teachers  for  the 
public  schools..  He  is  required  to  grant  certificates  in  such 


70  GOVERNMENT    OF    MICHIGAN. 

form  as  shall  be  prescribed  by  the  Superintendent  of  Publi.3 
Instruction,  licensing  as  teachers  all  persons  whom  he  shall 
deem  qualified. 

The  law  provides  that  it  shall  be  the  duty  of  the  County 
Superintendent, 

First. — To  visit  each  of  the  schools  in  his  county,  at  least 
once  in  each  year;  to  examine  carefully  into  the  discipline 
and  the  modes  of  instruction,  and  into  the  progress  and  pro 
ficiency,  of  the  pupils,  and  to  make  a  record  of  the  same;  and 
to  counsel  with  the  teachers  and  district  boards  as  to  the 
course  of  studies  to  be  pursued;  and  for  the  improvement  of 
the  instruction  and  discipline  of  the  school. 

Second. — To  note  the  condition  of  the  school-houses  and: 
appurtenances  thereto,  and  suggest  plans  for  new  school-houses 
to  be  erected,  and  for  warming  and  ventilating  the  same,  and 
the  general  improvement  of  school-houses  and  grounds. 

T/iird. — To  inquire  into  the  condition  of  district  and' 
township  libraries,  and  to  counsel,  if  necessary,  for  the  better 
management  of  the  same,  and  to  see  that  the  money  collected 
from  fines  is  devoted  to  the  increase  of  such  libraries. 

Fourth. — To  promote  by  public  lectures  and  teachers' 
institutes,  and  by  such  other  means  as  he  may  devise,  the 
improvement  of  the  schools  in  his  county,  and  the  elevation 
of  the  character  and  qualifications  of  the  teachers  thereof. 

Fifth. — To  counsel  with  teachers  and  school  boards  to 
secure  the  more  general  and  regular  attendance  of  the  chil 
dren  in  his  county  upon  the  public  schools. 

The  salary  of  the  Superintendent  is  fixed  by  the  Board 
of  Supervisors. 

Questions  —  What  are  the  duties  of  Coroners?  Of  Register  of 
Deeds?  Of  Surveyors?  For  what  purpose  are  surveys  made ?  What 
are  the  duties  of  County  Superintendent  of  Schools  in  relation,  ta 
teachers?  State  his  other  duties  us  prescribed  by  law. 


GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XXX. 


OF  COUNTY  OFFICERS,  CONTINUED CIRCUIT  COURT  COMMIS 
SIONERS SUPERINTENDENTS  OF  COUNTY  POOR NOTA 
RIES  PUBLIC INSPECTORS  OF  PROVISIONS  AND  OTHER 

MERCHANDISE. 

Circuit  Court  Commissioners  are  authorized  to  do  many 
acts  which,  were  it  not  for  their  assistance,  the  Judges  would 
be  required  to  do.  It  is  frequently  necessary,  when  the 
Courts  are  riot  in  session,  that  orders  should  be  made  and 
duties  performed  affecting  the  interests  of  parties  whose  rights 
are  to  be  determined  by  the  Courts.  These  duties  may  be 
discharged  by  Circuit  Court  Commissioners.  Testimony  to 
be  used  before  the  Court  in  Chancery  mav  be  taken  by  a  Cir 
cuit  Court  Commissioner;  and  he  may  perform  many  other 
duties  prescribed  by  law. 

It  is  the  duty  of  the  Superintendents  of  the  County  Poor 
to  take  charge  of  and  provide  for  the  wants  of  those  who  are 
unable  to  support  themselves,  and  have  no  relatives  able  to 
support  them.  They  have  the  control  of  the  poor-houses 
erected  by  the  county,  for  the  use  of  the  poor. 

Notaries  Public  are  appointed  by  the  Governor,  by  and 
with  the  consent  of  the  Senate.  They  are  authorized  to  take 
the  proof  and  acknowledgment  of  deeds;  to  administer  oaths; 
to  take  affidavits;  to  demand  acceptance  of  bills  of  exchange 
and  of  promissory  notes,  and  to  protest  the  same  for  non- 
acceptance  or  non-payment. 

Inspectors  of  provisions  and  other  merchandise  are  re 
quired  to  examine  and  inspect  the  provisions  and  merchandise 


72  GOVERNMENT  OF  MICHIGAN. 

of  those  who  keep  and  offer  the  same  for  sale,  and  to  affix  a 
brand  or  mark  to  such  articles,  indicating  their  quality,  so  that 
purchasers  may  be  advised  as  to  what  they  purchase.  Thus, 
beef  is  divided  into  three  sorts,  "  mess,"  "  prime,"  and  "  cargo;" 
and  pork  into  four  sorts,  "mess  pork,"  "prime  pork,"  "one- 
hog  pork,"  and  "  cargo  pork." 

Whi-n  provisions  or  merchandise  have  been  inspected  and 
branded,  it  is  deemed  an  offense  to  sell  or  offer  for  sale,  under 
such  brands,  articles  different  from  what  such  brands  indicate. 


Question* — What  arc  the  duties  of  Circuit  Court  Commissioners? 
Of  Superintendents  of  the  County  Poor?  How  arc  Notaries  Public 
appointed,  and  what  arc  their  duties?  What  arc  the  duties  of  Inspec 
tors  of  provisions  and  other  merchandise?  Into  how  many  grades  is 
beef  sorted  ?  Iiito  how  many  grades  is  pork  sorted  ? 


CHAPTER   XXXI. 


OFTOWNSHIl'S  AND  TOWNSHIP  OFFICERS SUPERVISOR TOWN 
SHIP     CLERK TOWNSHIP     r.oAUD TOWNSHIP    TREASURER 

CONSTABLES. 

Each  organi/od  township  has  a  government  of  its  own, 
and  its  people  elect  officers  to  administer  such  government — 
to  discharge  certain  duties  for  the  good  of  all  the  people. 

The  voters  of  a  township  may  meet  together  and  make 
such  orders  and  by-laws  for  directing  and  managing  the  affairs 
of  the  township,  as  they  shall  deem  most  conducive  to  the 
peace,  welfare  and  good  order  of  the  people. 

They  may  annex  to  such  orders  and  by-laws  suitable 
penalties,  not  exceeding  ten  dollars  for  any  breach  thereof. 

The   law  provides  for  the   holding  of  annual  meetings  in 


GOVERNMENT  OF  MICHIGAN.  73 

each  township,  on  the  first  Monday  in  April  in  each  year,  at 
which  there  is  elected  the  following  officers:  One  Supervisor; 
one  Township  Clerk;  one  Treasurer;  one  School  Inspector; 
two  Assessors,  if  the  qualified  electors  present  at  the  opening 
of  the  meeting  shall  so  determine  by  vote;  one  Commissioner 
of  Highways;  so  many  Justices  of  the  Peace  as  there  are  by 
law  to  be  elected  in  the  township,  and  so  many  Constables  as 
shall  be  ordered  by  the  meeting,  not  exceeding  four  in  num 
ber,  and  one  Overseer  of  Highways  for  each  road  district,  and 
.as  many  Pound-Masters  as  the  meeting  shall  direct. 

Justices  of  the  Peace  hold  their  terms  of  office  for  four 
years,  Highway  Commissioners  for  three  years,  and  School 
Inspectors  for  two  years.  The  other  officers  hold  their  offices 
for  one  year. 

The  elections  at  township  meetings  are  held  in  substan 
tially  the  same  manner  as  general  elections. 

The  Supervisor  is  required  by  law  to  prosecute  for  all 
penalties  and  forfeitures  incurred  within  his  township,  and  for 
which  no  other  officer  is  specially  directed  to  prosecute.  He 
is  the  Assesssor  of  his  township. 

The  Township  Clerk  keeps  the  records  and  papers  of  the 
township,  when  no  other  provision  is  made  by  law;  he  kteeps 
the  accounts  of  the  Township  with  the  Treasurer  and  with 
•each  of  the  several  funds  belonging  to  the  Township;  the 
minutes  of  the  proceedings  of  the  Township  Board,  and  per 
forms  many  other  duties. 

The  Supervisor,  the  two  Justices  of  the  Peace  whose 
term  of  office  will  soonest  expire,  and  the  township  Clerk,  con 
stitute  the  Township  Board.  It  is  the  duty  of  this  Board  to 
settle  all  claims  against  the  township. 

It  is  the  duty  of  the  Township  Treasurer  to  receive  and 
take  charge  of  all  moneys  which  by  law  are  to  be  paid  into 
the  township  treasury. 


74  GOVERNMENT  OF  MICHIGAN. 

Constables  are  ministerial  officers  of  Justices  of  the 
Peace.  A  ministerial  officer  is  one  who  acts  under  the  au 
thority  of  a  superior,  and  does  what  his  superior  orders  him  to  do. 
Constables  are  also  required  to  serve  all  warrants,  notices 
and  processes  lawfully  directed  to  them  by  the  Township 
Board,  or  the  Township  Clerk,  or  any  other  officer. 

Questions  —  What  is  said  of  townships?  At  what  time  is  the 
annual  township  meeting  held  ?  What  officers  are  chosen  at  the  annual 
meeting  ?  For  how  lonir  a  time  do  the  officers  hold  their  offices  ?  How 
are  the  elections  held?  What  are  some  of  the  duties  of  the  Super 
visor?  Of  the  Township  Clerk?  What  officers  constitute  the  Town- 
ship  Board?  What  are  the  duties  of  the  Township  Treasurer?  Of 
Constables  ? 


CHAPTER    XXXII. 


OP       TOWNSHIP       OFFICERS,      CONTINUED COMMISSIONERS       OF 

HIGHWAYS OVERSEERS    OF     HIGHWAYS SCHOOL    INSPEC 
TORS POUND-MASTERS. 

Commissioners  of  Highways  have  a  general  supervision 
and  control  of  all  the  highways  and  bridges  in  their  respective 
townships.  They  are  required  to  divide  their  townships  into 
road  districts,  and  to  a&u'gn  to  each  of  the  districts  such  of 
the  inhabitants,  liable  to  work  on  the  highways,  as  shall  reside 
in  such  district,  or  own  lands  therein;  to  require  the  Over 
seers  of  Highways  to  have  all  persons  assessed  to  work  on  the 
highways,  and  perform  their  labor  thereon  with  such  teams, 
carriages,  sleds,  or  implements  as  said  Commissioners,  or  any 
of  them,  shall  direct.  It  is  also  their  duty  to  lay  out  and 
establish  all  necessary  roads,  and  to  discontinue  such  old  roads 
as  have  become  unnecessary. 


GOVERNMENT    OF    MICHIGAN.  75- 

Overseers  of  Highways  are  required  to  repair  and  keep 
in  order  the  highways  within  their  districts;  to  direct  persons 
assessed  to  work  on  the  highways  to  come  and  work;  to  cause 
the  noxious  weeds  within  the  highways  to  be  destroyed,  and 
to  execute  the  orders  of  the  Commissioners. 

It  is  the  duty  of  the  School  Inspectors  to  divide  the 
township  into  school  districts;  they  are  to  receive  from  the 
Treasurer  of  the  township,  the  money  appropriated  for  the 
township  library,  and  to  procure  books  for  the  library.  They 
are  also  to  act  in  conjunction  with  Inspectors  of  adjoining 
townships  in  the  organization  of  school  districts,  lying  partly 
•in  each  of  said  townships. 

AVhen  domestic  animals  run  at  large,  contrary  to  law, 
they  may  be  driven  to  the  township  pound;  and  the  keeper  of 
such  pound,  called  a  Pound- Master,  shall  keep  them  until  the 
owner  calls  for  them,  and  pays  him  his  fees  and  the  expense 
of  keeping  such  beasts,  and  the  fees  due  the  person  driving 
them  to  the  pound,  for  his  trouble,  and  whatever  damage  they 
may  have  done  to  the  person  who  causes  them  to  be  impounded. 


Questions  —  What  are  the  duties  of  Commissioners  of  Highways? 
Of  Overseers  of  Highways  ?  Of  School  Inspectors  ?   Of  Pound-Masters  ? 


CHAPTER  XXXIII. 


CITIES    AXD     VILLAGES. 


A  city  is  a  town  where  a  large  number  of  houses  and  in 
habitants  are  established  in  one  place,  and  which  has  been 
incorporated  and  is  governed  by  a  mayor  and  aldermen. 


76  GOVERNMENT    OF    MICHIGAN. 

A  village  is  an  assemblage  of  houses  and  people,  less 
than  a  city,  and  not  governed  by  a  Mayor  and  Aldermen. 

There  are  some  villages  in  Michigan  much  larger  than 
some  of  the  cities. 

Some  of  these  villages  are  not  incorporated  ;  while 
others,  like  cities,  find  it  necessary,  for  the  preservation  of 
good  order,  and  for  the  purpose  of  making  those  public 
improvements  essential  for  the  convenience  and  comfort  of  the 
people,  to  exercise  powers  of  government  not  conferred  upon 
townships,  and  therefore  such  villages  become  incorporated, 
and  are  governed  by  a  President  and  Trustees. 

When  we  say  a  town  is  incorporated,  we  mean  the  peo 
ple  of  that  place  have  been,  by  law,  united  together  and 
authorized  to  do  and  perform  certain  acts  which,  without  such 
law,  they  could  not  do. 

The  cities,  and  some  villages,  have  a  greater  number  of 
officers  than  the  townships.  This  is  necessary  for  the  protec 
tion  of  the  people. 

Cities  aro  subdivided  into  ward*  or  districts,  and  officers 
are  elected  in  each  ward  to  perform  certain  public  duties. 


— What  is  a  city?  A  village?  Arc  all  the  villages  in- 
corporated  ?  For  what  purposes  are  cities  and  villages  incorporated? 
What  is  meant  by  an  incorporated  town  ?  What  is  said  of  the  number 
of  officers?  How  are  cities  subdivided  y 


GOVERNMENT    OF    MICHIGAN.  77" 


CHAPTER  XXXIV. 


OF     THE     MILITARY     DEPARTMENT STATE     TROOPS  — ^  GENERAL 

OFFICERS ORGANIZATION     OF     REGIMENTS REGIMENTAL 

AND    COMPANY    OFFICERS. 

Able-bodied  white  male  citizens,  between  the  ages  of 
eighteen  and  forty-five  years,  are,  unless  exempt  by  law,  sub 
ject  to  military  duty. 

Ministers  of  the  gospel,  judges  of  the  courts,  members 
and  officers  of  the  Legislature  ;  officers  and  guards  of  the 
State  Prison  ;  commissioned  officers  of  the  militia  who  have 
served  six  years  ;  State  and  county  officers,  (except  notaries 
public,)  teachers  engaged  in  public  institutions  and  schools  ; 
keepers  of  poor-houses  ;  officers  and  attendants  of  the  Michi 
gan  Asylum  for  the  Insane,  in  time  of  peace  ;  firemen,  and 
inspectors  of  provisions  and  merchandise,  except  in  case  of 
invasion  and  insurrection,  are  exempt  from  military  duty. 

The  officers  acting  as  assessors  in  the  several  townships 
and  cities,  on  or  before  the  first  day  of  June  in  each  year,  are 
required  to  make  out  and  send  to  the  county  clerk  a  list  of  the 
names  of  persons  liable  to  do  military  duty.  These  lists  con 
stitute  the  enrolled  militia  of  the  State. 

The  County  Clerk  is  required  to  send  to  the  Adjutant- 
General  of  the  State  the  number  of  persons  in  his  county, 
returned  to  him  by  the  assessors. 

In  case  of  war  or  threatened  danger  to  the  State  or 
United  States,  from  &  foreign  or  domestic  foe,  the  Commander- 
in-Chief  (the  Governor)  may  call  out  any  portion  or  all  of  the 
enrolled  militia. 


78  GOVERNMENT  OF  MICHIGAN. 

The  enrolled  militia  are  not  subject  to  active  military 
duty,  except  in  case  of  war,  rebellion,  invasion,  the  preven 
tion  of  invasion,  the  suppression  of  riots,  tumults,  and  breaches 
of  the  peace,  and  to  aid  civil  officers  in  the  execution  -jf  the 
laws  and  in  the  service  of  process. 

The  active  militia  are  composed  of  volunteers  between 
the  ages  of  eighteen  and  forty-five  years,  and  are  known  as 
State  troops,  and  in  case  the  services  of  the  military  are 
needed,  the  State  troops  are  first  called  out  ;  then,  if  more 
are  needed,  a  call  is  made  upon  the  enrolled  militia  for  volun 
teers,  or  by  draft. 

The  principal  military  officers  provided  for  by  law  are, 
the  Commander-in-Chief,  one  Adjutant-General,  one  Inspector- 
General,  one  Quartermaster-General,  one  Paymaster-General, 
and  a  State  Military  Board.  These  officers  are  appointed  by 
the  Governor. 

The  Adjutant-General  distributes  orders  from  the  Com 
mander-in-Chief,  and  attends  him  when  ordered,  in  the  dis 
charge  of  his  duties. 

The  Inspector-General  has  charge  of  the  instruction  and 
mustering  of  the  State  troops. 

The  Quartermaster-General  has  charge  of  the  public 
magazines,  store-houses,  arsenals,  munitions  of  war,  military 
stores  and  other  military  property  of  the  State. 

The  law  forbids  the  organization  of  more  than  twelve 
volunteer  companies  of  infantry,  prior  to  January  1st,  1874, 
but  provides  that  the  number  of  companies  may  be  increased 
at  the  rate  of  four  companies  in  each  year  thereafter,  until 
the  number  of  twenty-four  companies  shall  be  reached  ;  be 
yond  which,  in  time  of  peace,  there  shall  be  no  increase. 

The  law  provides  that  each  regiment  shall  consist  of  a 
Colonel,  a  Lieutenant-Colonel,  a  Major,  a  Surgeon,  an  Assist 
ant-Surgeon,  a  Chaplain,  an  Adjutant,  a  Quartermaster-Ser- 


GOVERNMENT    OF    MICHIGAN.  79 

geant,  and  not  less  than  eight  nor  more  than  ten  companies  ; 
each  of  which  companies  of  infantry  shall  consist  of  a  Cap 
tain,  a  First-Lieutenant,  a  Second-Lieutenant,  five  Sergeants, 
eight  Corporals,  and  not  less  than  thirty-two  nor  more  than 
seventy  privates. 

Questions  —  Who  are  subject  to  military  duty?  Who  are  exempt? 
How  are  the  militia  enrolled?  To  what  officer  do  the  County  Clerks 
send  the  number  of  persons  in  their  respective  counties,  liable  to 
military  duty?  When  may  the  enrolled  militia  be  called  into  service? 
When  are  the  enrolled  militia  subject  to  active  military  duty  ?  Of 
whom  are  the  active  militia  composed?  In  case  the  services  of  the 
military  are  required,  what  body  is  first  called?  Mention  the  prin 
cipal  State  military  officers?  What  are  the  duties  of  the  Adjutant- 
General?  Of  the  Inspector-General?  Of  the  Quartermaster-General? 
How  many  volunteer  companies  of  infantry  may  be  organized?  What 
officers  are  required  for  a  regiment?  How  many  companies  in  a 
regiment  ?  What  officers  are  required  for  each  company  ?  How  many 
privates  ? 


CHAPTER    XXXV. 


OP    THE    JUDICIAL     DEPARTMENT JUSTICES      COURTS JURIS 
DICTION  COMMENCEMENT     OF     SUITS INCIDENTS     OF    A 

TRIAL. 

As  people  often  fail  to  agree  with  regard  to  their  relative 
rights  and  duties,  and  as  they  sometimes  violate  their  agree 
ments  with  each  other,  and  even  violate  and  disobey  those 
rules  and  regulations  prescribed  for  their  conduct,  it  is  neces 
sary  that  tribunals  should  be  provided  to  administer  justice, 
to  determine  and  declare  the  rights  of  parties,  to  investigate 
and  decide  whether  the  laws  are  observed  or  violated,  and  to 


80  GOVERNMENT    OF    MICHIGAN. 

declare  and  pronounce  judgment  according"  to  law  and  the 
just  deserts  of  the  citizen.  These  determinations  are  called 
judicial. 

By  the  Constitution  of  this  State,  the  Judicial  power  is 
vested  in  one  Supreme  Court,  in  Circuit  Courts,  in  Probate 
Courts,  and  in  Justices  of  the  Peace.  Municipal  courts  with 
civil  and  criminal  jurisdiction  may  be  established  by  the 
Legislature  in  cities. 

Justice*?  Courts  —  Justices  of  the  Peace  are  elected  for 
four  years.  All  civil  actions,  that  is,  where  money  is  claimed, 
where  the  debt  or  damages  claimed  do  not  exceed  one  hun 
dred  dollars,  must  be  brought  before  Justices  of  the  Peace  ; 
and  whore  the  amount  claimed,  in  actions  upon  contract, 
exceeds  one  hundred,  but  does  not  exceed  three  hundred 
dollars,  the  action  may  be  brought  in  the  Circuit  Court  or  in 
a  Justice's  Court  ;  but  a  Justice  of  the  Peace  has  no  authority 
to  try  actions  for  a  disturbance  of  a  right  of  way,  or  for  UIn  /, 
or  slander,  or  for  malicious  prosecutions,  nor  where  the  title 
to  land  is  in  question,  except  in  certain  cases  provided  for  by 
law. 

Actions  mav  be  brought  before  any  Justice  of  the  Peace 
of  the  city  or  township, 

First —  Where  th&  plaintiffs^  or  any  of  them,  reside  ;   or, 

Second — Where  the  defendants^  or  any  of  them,  reside;  or, 

T/tii'd — Before  some  justice  of  another  township  or 
city,  in  the  same  county,  next  adjoining  the  residence  of  the 
plaintiff  or  defendant,  or  one  of  the  plaintiffs  or  defendants;  or, 

Fourth  —  Before  some  justice  of  a  city  in  the  same 
county,  formed  from  a  township  or  townships  next  adjoining 
the  residence  of  the  plaintiff  or  defendant,  or  one  of  the 
plaintiffs  or  defendants. 

Persons  having  matters  in  difference  between  them,  may 
go  voluntarily  before  a  justice  and  submit  their  cause  ;  but 


GOVERXMEXT    OF    MICHIGAN.  81 

this  is  seldom  done.  Suits  are  usually  commenced  by  process, 
namely,  a  summons,  a  warrant,  an  attachment,  or  writ  of 
replevin. 

A  justice's  summons  is  a  writing  signed  by  the  Justice 
and  addressed  to  any  Constable  of  the  county  in  which  the 
Justice  resides,  commanding  him  to  summon  the  defendant  to 
appear  before  the  Justice  at  his  office,  at  a  certain  time 
named,  to  answer  unto  the  plaintiff.  The  officer  is  required  to 
execute  the  summons,  if  the  defendant  be  found,  by  reading 
it  to  him,  and  (if  he  require  it)  delivering  him  a  copy  ;  but  if 
the  defendant  be  not  found,  the  officer  is  required  to  leave  a 
copy  of  the  summons  at  the  defendant's  last  place  of  abode, 
in  the  presence  of  some  one  of  the  family  of  suitable  age  and 
discretion,  who  shall  be  informed  of  its  contents. 

An  attachment,  in  addition  to  the  summons,  contains  an 
order  requiring  the  officer  to  seize  the  defendant's  property. 
This,  however,  is  not  authorized,  unless  the  plaintiff  makes 
oath,  in  writing-,  that  the  defendant  is  doing  or  has  done  some 
act  mentioned  in  the  law,  to  dtfra-ud  his  creditors,  or  that  he 
has  absconded  to  the  injury  of  his  creditors,  or  does  not  reside 
in  the  State,  and  has  not  resided  therein  for  one  month  imme 
diately  preceding  the  time  of  applying  for  the  attachment  ;  or 
that  \\&  fraudulently  contracted  the  debt,  or  incurred  the  obli 
gation  concerning  which  suit  was  brought. 

Where  a  person  shows  by  affidavit  that  he  has  a  claim 
against  another  for  money  collected  as  a  public  officer,  or  for 
damages  arising  from  the  misconduct  or  neglect  of  the 
defendant  in  any  professional  employment  or  public  office,  or 
that  there  was  fraud  or  breach  of  trust  •  or  where  the  defend 
ant  has  committed  a  trespass  or  other  wrong,  or  has  incurred  a 
penalty  or  forfeiture  for  a  violation  of  some  law  of  this  State, 
such  person  is  entitled  to  a  warrant  from  the  Justice,  which 
authorizes  and  requires  him  to  arrest  the  defendant,  and  to 
G 


GOVERNMENT    OF    MICHIGAN. 

bring  him  forthwith  before  the  Justice,  to  answer  unto  the 
plainfiff. 

In  case  a  person  has  in  his  possession  property  which  he 
has  no  right  to  keep,  the  person  vho  has  a  right  to  it,  if  the 
property  does  not  exceed  in  value  one  hundred  dollars,  may 
apply  to  a  .Justice  for  a  writ  to  authorize  the  Constable  to  take 
and  deliver  such  property  to  the  plaintiff.  The  writ  is  called 
a  writ  of  replevin,  and  after  it  is  executed,  the  parties  have  a 
trial  before  the  Justice,  to  determine  who  has  the  right  to  the 
possession  of  the  property.  If  the  plaintiff  fails,  he  must 
return  the  property  to  the  defendant,  or  pay  him  the  value 
of  it. 

In  whatever  way  a  suit  is  commenced,  a  trial  must  be 
had,  to  determine  the  rights  of  the  parties. 

Either  party  may  manage  his  own  case  before  the  Justice, 
••>r  may  have  an  attorney  for  that  purpose.  Before  proceeding 
to  the  trial,  the  parties  put  in  their  pleadings  ;  th°,t  is,  make  a 
statement  of  their  claims.  These  statements  are  usually  in 
writing.  Making  these  statements  we  call,  joining  issue. 
When  this  is  accomplished,  the  Justice  proceeds  to  try  the 
issue.  Those  persons  who  know  about  the  matters  in  differ 
ence  between  the  parties,  are  called  as  witnesses.  IV fore 
they  are  permitted  to  testify,  they  are  required  to  take  a 
solemn  onth  or  affirmation  to  testify  truthfully.  The  oath  is 
administered,  substantially  as  folio  w>  : 

The  witness  is  required  to  raise  his  right  hand,  and  the 
Justice  then  says  :  u  You  do  solemnly  swear  that  the  testimony 
you  shall  give  upon  the  trial  of  the  issue  now  here  joined, 
wherein  John  Doe  is  plaintiff  and  Richard  Roe  is  defendant, 
shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
So  help  you  God." 

Some  people  think  it  wrong  to  take  an  oath.  In  such 
case,  when  they  are  required  to  give  testimony,  they  affirm. 


GOVERNMENT  OP  MICHIGAN.  83 

The  affirmation  is  administered  by  the  Justice,  as  follows : 
"  You  do  solemnly  and  sincerely  affirm  that  the  testimony  you 
shall  give  upon  the  trial  of  the  issue  now  here  joined,  wherein 
John  Doe  is  plaintiff  and  Richard  Roe  is  defendant,  shall  be 
the  truth,  the  whole  truth,  and  nothing  but  the  truth  ;  this 
you  will  do,  under  the  pains  &nd penalties  of  perjury." 

After  the  witnesses  have  made  their  statements,  and 
answered  all  proper  questions  put  to  them,  and  the  parties  or 
their  attorneys  have  argued  the  case  to  the  Justice,  he  decides 
it,  and  records  in  a  book  kept  for  that  purpose,  called  his 
docket,  his  judgment. 

Questions  —  For  what  purposes  are  judicial  tribunals  provided? 
In  what  courts  is  the  Judicial  power  of  the  State  vested  ?  What  civil 
actions  may  be  brought  before  a  Justice  of  the  Peace,  and  what  not? 
Where  may  actions  be  brought  before  Justices  of  the  Peace  ?  How 
are  suits  commenced  ?  What  is  a  summons  ?  How  is  the  summons 
to  be  executed?  What  does  a  writ  of  attachment  contain?  What 
must  a  plaintiff  show  in  order  to  entitle  him  to  a  warrant  against  the 
defendant?  What  does  the  warrant  require?  What  is  the  office  of  a 
writ  of  replevin  ?  When  this  writ  is  executed,  what  is  to  be  done  in 
the  suit?  Who  may  conduct  the  trial?  How  do  the  parties  join 
issue?  What  proceedings  follow  the  joining  of  issue  ?  Give  the  form 
of  oath  administered  to  witnesses.  Of  the  affirmation.  After  the 
witnesses  have  been  examined,  what  does  the  Justice  do  ? 


CHAPTER    XXXVI. 


OF    JURY    TRIALS HOW    JUDGMENTS    ARE    EXECUTED    OR    SATIS 
FIED 

Whenever  a  suit  is   commenced   before  a  Justice   of  the 
Peace,  either  party  desiring  it  may  have  it  tried  by  a  jury. 


84  GOVERNMENT    OF    MICHIGAN. 

A  jury  in  a  Justice's  Court  consists  of  six  men,  who  are 
required  to  sit  together  before  the  Justice  and  hear  the  proofs 
and  allegations  of  the  parties.  They  take  an  oath  to  dis 
charge  their  duties  faithfully.  The  Justice  decides  what  testi 
mony  is  proper  to  be  submitted  to  the  Jury.  After  the  parties 
have  introduced  all  their  evidence,  and  have  said,  either  in 
person  or  by  attorney,  what  they  desire  to  say  to  the  Jury,  by 
way  of  argument,  the  Jury,  under  the  charge  of  a  Constable, 
retire  to  another  room  and  there  talk  the  matter  over  and 
agree  upon  a  decision;  and  when  they  have  thus  agreed,  they 
return  into  Court  and  inform  the  Justice  what  conclusion  they 
have  arrived  at.  This  decision  is  called  a  verdict,  and  means 
a  true  saying.  If  the  Jury  fail  to  agree,  the  Justice  calls 
another  jury  who  proceed  to  try  the  case,  unless  the  parties 
consent  that  the  Justice  may  try  it. 

When  the  Jurors  have  agreed  upon  their  verdict,  the 
Justice  makes  a  record  of  their  decision  in  his  journal,  and 
renders  his  judgment  thereon. 

In  procuring  a  jury,  the  Constable  writes  down  the  names 
of  eighteen  £ood  men  of  the  county,  and  each  party  strikes 
off  or  rejects  six  of  the  persons  named  on  the  list,  and  those 
whose  names  remain,  constitute  the  Jury,  who  are  summoned 
to  appear  before  the  Justice. 

The  party  who  fails  in  the  case,  is  required  to  pay  to  the 
other  party  his  costs. 

After  a  judgment  has  been  rendered  in  any  case,  it  is 
necessary  that  it  should  be  enforced.  This  is  done  by  the 
Constable,  who  acts  by  authority  of  a  written  order  issued  by 
the  Justice,  called  an  execution.  Suppose  a  judgment  is 
rendered  in  favor  of  a  party  for  a  sum  of  money  :  the  Justice 
issues  his  execution,  in  which  he  commands  the  Constable  to 
levy  upon  the  property  of  the  party  against  whom  the  judg 
ment  was  rendered,  and  to  sell  enough  to  pay  the  debt  and 


GOVERNMENT    OF    MICHIGAN.  85 

costs,  and  to  bring  the  money  to  the  Justice  to  be  paid  to  the 
party  entitled  thereto. 

If  either  party  to  a  judgment  rendered  in  a  Justice's 
Court,  feels  that  justice  has  not  been  done  him,  he  may  take 
an  appeal  to  the  Circuit  Court.  In  such  case  the  cause  is 
tried  in  the  Circuit  Court  as  if  it  had  been  commenced  there. 
A  case  may  also  be  removed  from  a  Justice's  Court  by  certi- 
orari  to  the  Circuit  Court.  This  is  done  when  a  party  thinks 
the  proceedings,  or  some  of  them,  before  the  Justice  were  not 
according  to  law.  In  such  case  a  copy  of  the  proceedings, 
together  with  a  brief  memorandum  of  the  testimony,  and  the 
decisions  of  the  Justice  as  to  the  admissibility  of  any  pro 
posed  testimony,  are  sent  to  the  Circuit  Court.  After  inspect 
ing  the  papers,  if  the  Court  thinks  the  Justice  committed  no 
error,  his  judgment  is  affirmed,  but  if  the  judgment  was  wrong, 
it  is  reversed. 

Questions  —  Of  how  manjr  persons  is  a  jury  composed,  in  a  Jus 
tice's  Court?  What  are  the  duties  of  juries?  What  is  their  decision 
called?  If  the  jury  fail  to  agree,  what  course  is  pursued?  What  is 
the  duty  of  the  Justice  when  the  verdict  is  rendered  ?  How  are  jurors 
procured?  How  are, the  judgments  of  the  Justice  enforced ?  Is  the 
judgment  of  the  Justice  final  ?  To  what  courts  may  causes  be  removed  ? 
In  what  way?  What  course  is  pursued  in  the  Circuit  Court,  where  a 
cause  has  been  appealed?  In  case  of  removal  by  certiorari? 


CHAPTER    XXXVII. 


OF  PROCEEDINGS  BEFORE  JUSTICES  OF  THE  PEACE,  IN  CRIMINAL 

CASES. 

Justices  of  the  Peace  have  power  to  hear  and  determine 
certain    criminal    cases.      Among   them    may   be    mentioned, 


86  GOVERNMENT    OF    MICHIGAN. 

larceny i  where  the  goods  stolen  are  not  worth  more  than 
twenty-five  dollars;  simple  assault  and  battery}  destroying, 
removing  or  injuring  any  mile-stone  or  mile-board,  or  defacing 
any  inscription  or  device  upon,  or  doing  injury  to  any  f/uide- 
post  or  guide-board;  maliciously  killing,  maiming  or  disfigur 
ing  any  horses,  cattle  or  other  beast  of  any  other  person,  or 
injuring  or  destroying  other  personal  pr<>jn  ,Yy,  where  the 
injury  done  does  not  exceed  twenty-five  dollars;  destroying 
or  breaking  down tyWJiume) its  erected  for  the  purpose  of  desig 
nating  'boundary  lines;  for  willfully  defacing  any  building  or 
sign-board;  willful  trespasses,  and  all  other  offenses  punish 
able  by  fine  not  exceeding  one  hundred  dollars,  or  punishable 
by  imprisonment  in  the  county  jail  not  exceeding  three 
months,  or  punishable  by  both  said  fine  and  imprisonment. 

Upon  complaint  made  to  any  Justice  that  any  of  the 
offenses  that  may  be  tried  before  him  have  been  committed 
within  the  county,  he  is  required  to  examine  the  person  mak 
ing  the  complaint  under  oath,  and  to  reduce  the  complaint  to 
writing,  and  have  the  rmnplaimtnt  sign  it.  If  it  appear  that 
an  offense  has  been  committed,  he  is  required  to  issue  his  <<-<rr- 
r<int  for  the  arrest  of  the  person  accused.  On  being  brought 
before  the  Justice,  the  charge  is  read  to  him,  and  if  he  admits 
his  guilt,  the  Jus'.icc  at  once  renders  judgment  against  him, 
which  judgment  fixes  the  />  ,/./////  the  prisoner  is  to  pay  or  the 
imprisonment  he  must  sufl'er.  If  he  does  not  admit  his  guilt, 
the  Justice  proceeds  to  try  him,  unless  ho  demands  a  trial  by 
jury,  in  which  case  a  jury  of  six  men  are  summoned,  as  in 
civil  cases,  before  whom  the  cause  is  tried. 

The  Jury  determine  and  decide  whether  the  accused  is 
guilty  or  not.  If  they  find  him  guilty,  they  so  declare,  and 
the  Justice  proceeds  to  pronounce  sentence  —  that  is,  to 
declare  what  punishment  the  person  convicted  shall  suffer. 

In    some    cases   the  law  fixes   the  precise  penalty  to   be- 


GOVERNMENT    OF    MICHIGAN.  87 

inflicted;  but  in  most  cases  certain  limits  are  fixed,  within 
which  the  Justice  may  exercise  his  discretion.  When  the  law 
provides  that  the  punishment  shall  be  by  imprisonment,  not 
exceeding  ninety  days,  the  Justice  may  fix  the  punishment  at 
any  length  of  time  not  exceeding  ninety  days. 

Justices  of  the  Peace  have  no  authority  to  try  criminal 
cases  where  the  offense  is  punishable  by  a  fine  exceeding  one 
hundred  dollars,  or  is  punishable  by  imprisonment  for  more 
than  ninety  days.  Nevertheless,  a  Justice  4ias  power  to  causo 
persons  accused  of  offenses  that  he  cannot  try,  to  be  arrested 
and  brought  before  him;  and  if,  upon  examining  into  th=j  case, 
he  has  good  cause  to  suspect  that  such  an  ofi'enso  has  been 
committed,  and  that  the  person  accused  thereof  is  guilty,  he 
may  require  him  to  enter  into  bonds  for  his  appearance  at  the 
next  term  of  the  Circuit  Court  (or  if  in  the  city  of  Detroit,  at 
the  next  term  of  the  Recorder's  Court),  and  in  case  he  fail  or 
refuse  to  give  such  bonds,  the  Justice  is  required  to  make  out 
a  written  order,  called  a  warrant  of  commitment,  which 
authorizes  the  Sheriff  of  the  county  to  receive  and  keep  the 
accused  in  the  county  jail  to  await  his  trial. 

Questions — Mention  some  of  the  offenses  for  which  a  Justice  of 
the  Peace  may  try  a  person  accused.  What  is  the  limit  of  a  Justice's 
jurisdiction  with  reference  to  the  extent  of  punishment?  When  com 
plaint  is  made  to  a  Justice  that  an  offense  has  been  committed,  for 
which  lie  may  try  the  accused,  what  is  lie  required  to  do?  May  the 
accused  be  tried  by  Jury?  If  the  Jury  find  the  prisoner  guilty,  what 
is  the  Justice  required  to  do?  Does  the  law  generally  fix  the  penalty, 
so  as  to  leave  no  discretion  on  the  part  of  the  Justice?  What  discre 
tion  is  generally  given  to  Justices,  in  regard  to  punishment?  In  rela 
tion  to  those  criminal  cases  which  a  Justice  cannot  try,  what  is  his 
duty? 


88  GOVERNMENT    OF    M.-  IIIGAN 


CHAPTER  XXXVIII. 


PROBATE     COURTS THEIR     GENERAL     DUTIES     AND     POWERS 

CIRCUIT     COURTS     AND      SUJ'REME      COURT THEIR      DUTIES 

AND    POWERS.    . 

The  duties  of  Probate  Courts  pertain,  chiefly,  to  the 
settlement  of  the  estates  of  </><•>  </*c</  persons,  though  some 
other  powers  are  conferred  on  this  Court  by  law. 

Persons  often  have  reduced  to  writing  what  disposition 
they  wish  made  of  their  property,  and  what  they  desire  to  be 
done  after  their  deatn.  This  writing  the  person  signs  his 
name  to,  and  at  his  request,  two  other  persons  sign  their 
names  to  the  instrument  as  witnesses.  This  instrument  is 
called  a  will.  A  will,  therefore,  is  "  the  legal  declaration  of 
a  man's  intentions  of  what  he  wills  to  be  performed  after  his 
death."  A  will  is  sometimes  called  a  testament. 

When  a  will  is  filed  in  the  office  of  the  Probate  Judge, 
and  he  is  informed  of  the  death  of  the  person  who  made  it, 
he  appoints  a  time  for  proviny  it,  and  if,  at  the  time  appointed, 
it  appears  to  the  Court  that  the  testator  was  of  sound  mind, 
and  that  the  will  was  executed  according  to  law,  he  so  decides, 
and  thereupon  makes  out  and  delivers  to  the  person  desig 
nated  in  the  will  for  that  purpose,  or  to  some  other  suitable 
person,  letters  testamentary,  or  letters  of  administration. 
The  person  receiving  such  letters  proceeds  to  take  charge  of 
the  estate  of  the  deceased,  and  after  paying  off  debts,  if  he 
have  any,  and  expenses  of  administration,  disposes  of  the 
residue  as  provided  for  in  the  will. 

If  a  person  die  without  having  made  a  legal  will,  it  is  the 


GOVERNMENT    OF    MICHIGAN.  89 

•duty  of  the  Probate  Court,  when  applied  to  for  that  purpose, 
to  appoint  some  suitable  person  to  take  charge  of  and  settle 
up  the  business  and  estate  of  the  deceased.  The  person  so 
appointed  is  called  an  Administrator.  Probate  Courts  have 
power  to  appoint  guardians  for  minors,  to  adjudicate  and 
determine  who  are  the  heirs  of  deceased  persons,  in  certain 
cases  ;  to  entertain  proceedings  for  the  condemnation  of  lands 
for  railroads,  and  to  do  and  perform  many  other  acts  prescribed 
by  law. 

Circuit  Courts.  —  The  State  is  divided  into  twenty  judi 
cial  circuits,  and  a  Circuit  Judge  is  elected  in  each  circuit, 
who  holds  his  term  of  office  for  six  years. 

Circuit  Courts  are  held  ic.  each  organized  county  at  least 
twice  in  each  year,  and  four  times  in  each  year  in  those  coun 
ties  having  ten  thousand  inhabitants. 

All  civil  actions  and  remedies  of  whatever  name  or 
description,  and  all  prosecutions  for  crimes,  misdemeanors , 
offenses  and  penalties,  except  in  cases  where  by  law  some 
other  court  or  tribunal  \\&&  jurisdiction,  are  to  be  commenced, 
heard  and  determined  in  the  Circuit  Courts. 

Cases  tried  in  Justices'  Courts  and  proceedings  had  in 
Probate  Courts  may  be  appealed  to  the  Circuit  Courts.  The 
Circuit  Court  has  general  sitperuiso?*i/  jiirisdictioti  over  all 
inferior  tribunals. 

Causes  tried  in  the  Circuit  Court  may,  if  either  party 
desires  it,  be  tried  by  a  jury  of  twelve  men.  All  criminal 
causes  in  the  Circuit  Court  must  be  tried  by  a  jury. 

The  Circuit  Courts  have  equity  or  chancery  powers,  and 
when  acting  as  a  court  in  what  we  call  equity  cases,  we  refer 
to  it  as  the  Circuit  Court  in  Chancery.  The  courts  of  law  are 
limited  in  their  proceedings  to  certain  actions,  and  according 
to  certain  rules.  In  most  cases  these  actions  and  rules  will 
enable  the  courts  to  do  justice  by  the  parties.  But  as  in  some 


90  (iOVEKNMUNT  oy  MIC  nit;  AN. 

cases  justice  cannot  bo  done  to  the  parties  in  any  of  the  forms 
of  action  known  to  the  courts  of  law,  the  case  must  be  sub 
mitted  to  a  court  not  bound  by  such  strict  rules. 

The  courts  of  law  render  a  general  judgment,  that  a 
party  recover  a  certain  sum  of  money,  or  the  possession  of 
certain  property.  The  law  then  directs  how  that  judgment 
shall  be  enforced. 

The  decision  or  determination  of  a  Court  of  Chancery  is 
called  a  decree.  This  decree,  unlike  a  simple  judgment, 
often  contains  qualifications,  conditions  and  arrangements  Co 
be  carried  out  in  the  future  —  such  conditions  and  arrange 
ments  as,  under  the  circumstances  of  the  particular  case,  are 
just  and  equitable. 

Supreme  Court.  —  This  Court  consists  of  four  Justices, 
who  hold  their  offices  for  eight  years.  The  people  elect  one 
of  these  Justices  every  two  years,  at  the  Spring  election. 

The  one  whose  term  of  office   first  expires,  acts   as  Chief 

Justice. 

The  following  will  show  the  names  of  the  present  (1874) 
Justices  of  the  Supreme  Court,  and  the  times  at  which  their 
terms  of  office  will  expire  : 

BKN.JAMIN  F.  GRAVES,  December  31,  1  75. 
^  THOMAS  M.  COOLEY, 

JAMES  V.  CAMIT.KLI.,  L879. 

ISAAC  P.  CHKISTIANCY,  "    1881. 

The  Supreme  Court  has  a  general  superintending  control 
over  all  the  other  courts  of  the  State,  to  prevent  and  correct 
errors  and  abuses  therein.  Where,  for  instance,  a  Circuit 
Court  has  determined  a  matter  pending  before  it,  and  a.  party 
in  interest  conceives  that  in  the  investigation  or  determina 
tion,  the  Court  has  erred  in  applying  the  rules  of  law,  the 
case  may  be  removed  to  the  Supreme  Court  for  review  and 
correction. 


GOVIIILNMENT    OF    MICHIGAN".  91 

In  cases  tried  before  the  Circuit  Court  in  Chancery,  an 
appeal  may  be  taken  to  the  Supreme  Court.  In  case  persons 
are  wrongfully  restrained  of  their  liberty,  the  Supreme  Court 
has  power  to  discharge  them.  If  inferior  courts  refuse  to  dis 
charge  duties  i-equired  of  them  by  law,  the  Supreme  Court 
has  power  to  compel  them  to  proceed  ;  or,  it  may  prevent 
them  from  proceeding  in  a  matter  without  le-^al  authority. 

Where  it  is  claimed  that  inferior  courts  or  tribunals  have 
proceeded  in  a  matter  different  from  the  course  prescribed  by 
law,  the  Supreme  Court  may  compel  such  court  or  tribunal  to 
certify  and  send  up  its  proceedings,  and  thereupon  that  Court 
may  correct  the  error,  if  any  has  been  committed. 

The  Supreme  Court  holds  four  terms  each  year,  at  the 
Capital. 

Questions — To  what  do  the  duties  of  the  Probate  Court  chiefly 
pertain?  What  is  a  will?  What  is  the  duty  of  the  Probate  Judge  in 
relation  to  the  proving  of  wills?  If  a  person  die  without  a  will,  what 
is  the  duty  of  the  Probate  Court  in  relation  to  the  property  of  the 
deceased?  What  are  some  of  the  other  powers  of  Probate  Courts? 
Into  how  many  judicial  circuits  is  the  State  divided?  What  is  the 
term  for  which  Circuit  Judges  are  elected  ?  How  often  are  the  Circuit 
Courts  held  in  each  organized  county?  What  is  the  jurisdiction  of 
Circuit  Courts?  What  is  the  number  of  jurors  required  to  try  a. 
cause  in  the  Circuit  Court?  May  criminal  causes  in  the  Circuit 
Court,  be  tried  without  a  jury  ? 

When  is  the  Circuit  Court  said  to  be  sitting  as  a  Court  of  Chan 
cery?  What  is  the  necessity  or  occasion  for  Courts  of  Chancery? 
What  do  we  call  the  decision  of  a  Court  of  Chancery  ?  Wherein  does 
it  differ  from  a  judgment  in  a  Court  of  Law?  Of  how  many  justices 
is  the  Supreme  Court  composed?  Which  Justice  acts  as  Chief  Jus 
tice?  Name  the  Justices  and  times  when  their  terms  of  office  will 
expire.  What  is  the  general  jurisdiction  of  the  Supreme  Court? 
Where  are  the  sessions  of  the  Supreme  Court  held  ?  How  many  terms 
of  the  Supreme  Court  are  held  each  year  ? 


GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XXXIX. 


.PUBLIC    INSTRUCTION DISTRICT    SCHOOLS SCHOOL     OFFICERS, 

THEIR    POWERS PENALTY    FOR    FAILURE     TO     SEND     CHIL 
DREN    TO    S; ' II on L. 

The  various  townships  of  the  State  are  divided  into 
-school  districts,  by  School  Inspectors.  The  district  officers 
are  a  Moderator,  a  Director,  and  an  Assessor. 

The  voters  of  the  district  are  required  to  meet  together 
on  the  first  Monday  of  September  in  each  year,  to  elect  a  dis 
trict  officer,  and  to  vote  upon  such  other  matters  as  may  he 
legally  brought  before  them.  Other  meetings  may  be  called 
for  certain  purposes. 

The  school  oilieiM-s  hold  their  terms  of  office  for  three 
years  ;  the  Moderator  being  elected  one  year,  the  Director  the 
next  year,  and  the  Assessor  the  next,  and  so  on. 

The  persons  qualified  to  vote  at  a  school  meeting  are,  all 
electors  at  a  township  meeting,  and  every  person,  three 
months  a  resident  in  the  district,  and  twenty-one  years  of  age, 
liable  to  pay  a  district  tax,  whether  male  or  female.  The 
voters  at  a  regular  school  meeting  may  designate  a  site  for  a 
school-house,  or  may  change  such  site  by  a  similar  vote.  The 
voters  also  have  power  to  direct  the  purchasing  or  leasing  of 
such  site  ;  also  the  building,  hiring,  or  purchasing  of  a  school- 
house  ;  but  unless  the  number  of  children  in  the  district, 
between  the  ages  of  five  and  twenty  years,  shall  exceed  fifty, 
no  more  than  one  thousand  dollars  shall  be  raised  for  such 
purpose  in  any  one  year. 

The  Moderator,  Director,  and  Assessor  constitute  the 
District  Board.  It  is  their  duty  to  hire  teachers  ;  to  buy 


GOVERNMENT  OF  MICHIGAN.  93 

school  books  for  poor  children  ;  to  determine  what  books  shall 
be  used  in  the  schools  ;  to  report  to  the  Supervisor  the  amount 
of  money  to  be  raised  by  tax  for  the  support  of  the  school, 
and  may  establish  all  needful  regulations  for  its  management. 

By  a  special  act  of  1873,  Berrien  county  has  a  County 
Board  to  prescribe,  and  contract  for,  uniform  text-books 
throughout  the  county. 

School  districts  containing  more  than  one  hundred  chil 
dren  between  the  ages  of  five  and  twenty  years,  may  elect  a 
District  Board  to  consist  of  six  trustees.  Such  trustees  have 
power  to  classify  and  grade  the  scholars  in  their  district,  and 
cause  them  to  be  taught  in  such  schools  or  departments  as 
they  may  deem  expedient;  to  establish  a  High  School,  when 
ordered  by  a  vote  of  the  district,  and  to  perform  such  other 
duties  as  are  usually  performed  by  the  District  Board  already 
mentioned. 

It  is  made,  by  law,  the  duty  of  parents  and  others  having 
the  charge  of  any  child  or  children,  between  the  ages  of  eight 
and  fourteen  years,  to  send  such  child  or  children*  if  able  to 
attend,  to  a  public  school  for  a  period  of  at  least  twelve  weeks 
in  each  year  ;  and  a  failure  to  do  so  subjects  them  to  a  fine  of 
not  less  than  five  nor  more  than  ten  dollars  for  the  first 
offense,  nor  less  than  ten  nor  more  than  twenty  dollars  for  the 
second,  and  every  subsequent  offense. 

Questions  —  Into  what  districts  do  School  Inspectors  divide  town 
ships?  At  what  time  is  the  annual  district  meeting  held?  For  what 
purpose  is  it  held  ?  Name  the  school  officers  and  their  terms  of  office. 
What  are  the  qualifications  of  voters  at  a  school  meeting?  Mention 
some  of  the  powers  of  voters  at  a  school  meeting.  Who  constitute 
the  District  Board  ?  Mention  some  of  their  duties.  What  body  pre 
scribes  text-books  for  the  schools  of  Berrien  county  ?  What  is  said  of 
other  districts  ?  What  does  the  law  require  of  parents  and  others  in 
relation  to  sending  children  under  their  charge  to  school?  What 
is  the  penalty  for  a  failure  to  comply  with  the  provisions  of  this  law? 


•94  GOVERNMENT    OF    MICHIGAN. 


CHAPTER  XL. 


THE    STATE    NORMAL     SCHOOL STATE     UNIVERSITY AGRICUL 
TURAL    COLLEGE STATE    PUBLIC    SCHOOL. 

State  Normal  School. — This  was  established  and  designed 
to  prepare  persons  for  teaching. 

After  a  person  has  attended  the  Normal  School  for 
twenty-two  weeks,  such  person,  if  qualified,  is  entitled  to  a 
certificate  to  that  eft'ect  from  the  Principal,  to  be  approved 
by  the  Superintendent  of  Public  Instruction. 

By  an  Act  of  the  Legislature  of  1871,  it  is  provided  that 
the  State  Board  of  Education  may  grant  diplomas  to  such 
students  as  shall  have  completed  the  full  course  of  instruction 
in  the  Normal  School,  and  shall  have  been  recommended  by 
the  Board  of  Instruction. 

The  person  receiving  such  diploma  is  entitled  to  a  certifi 
cate  from  the  Board  of  Instruction,  which  shall  serve  as  a 
legal  certificate  of  qualification  to  teach  in  the  primary  schools 
of  any  township  in  this  State. 

The  Normal  School  is  supported,  in  part,  from  the  interest 
arising  from  moneys  realized  from  the  sale  of  twenty-five 
sections  of  land  appropriated  for  its  support  in  184'.». 

University  of  Michigan. — In  1826,  Congress  appropriated 
two  entire  townships  of  land  for  the  establishment  of  a  Uni 
versity  in  Michigan.  Soon  after  the  State  was  organized,  the 
University  was  established. 

The  law  provides  that  the  University  shall  consist  of  at 
least  three  departments  : 

1.  A  department  of  literature,  science  and  the  arts  ; 

2.  A  department  of  law  .; 


GOVERNMENT    OF    MICHIGAN.  95 

3.  A  department  of  medicine  ; 

4.  Such  other  departments  may  be  added  as  the  Regent 
shall  deem  necessary,  and  the  state  of  the   University  fund 
shall  allow. 

The  number  of  professors  employed  in  the  University  is 
from  thirty-five  to  forty.  The  students  in  attendance  each 
year,  range  from  twelve  hundred  to  fourteen  hundred. 

The  State  Agricultural  College.  —  This  institution  is  also 
under  the  control  of  the  State,  and  is,  in  part,  supported  by 
funds  realized  from  the  sale  of  lands  granted  for  that  purpose. 
It. was  established  to  afford  thorough  instruction  in  agriculture 
and  the  natural  sciences  connected  therewith. 

Persons  to  be  admitted  into  this  school,  must  be  over  fif 
teen  years  of  age,  and  pass  a  satisfactory  examination  in 
arithmetic,  geography,  grammar,  reading,  spelling,  and  pen 
manship. 

There  is  a  farm  connected  with  the  institution,  on  which 
students  are  required  to  labor  three  hours  in  each  day. 

Questions  —  For  what  purpose  was  the  State  Normal  School 
established?  What  is  said  of  the  granting  of  diplomas?  To  what  is 
the  person  receiving  this  diploma  entitled?  How  is  the  Normal 
School  supported?  What  appropriations  did  Congress  make  for  the 
establishment  of  a  University  in  Michigan  ?  Of  what  departments 
does  the  law  require  the  University  to  consist?  How  many  professors 
are  employed  in  the  University?  How  many  students  usually  attend, 
each  year?  For  what  purpose  was  the  State  Agricultural  College 
established?  What  is  required  of  applicants  for  admission?  What  is 
.required  in  regard  to  labor ? 


06  GOVERNMENT    OF    MICHIGAN. 


CHAPTER   XLI. 


OF    BENEVOLENT   INSTITUTIONS. 

The  State  Public  School  for  dependent  and  neglected  chil 
dren,  is  located  at  Coldwater,  and  is  supported  by  the  State. 

The  object  in  establishing  this  institution  was  to  furnish 
temporary  homes  for  dependent  and  neglected  children;  espe 
cially  those  who  have  been  abandoned  by  their  parents  or  are 
orphans,  or  whose  parents  have  been  convicted  of  crime.  The 
children  in  this  school  are  educated  in  the  branches  usually 
taught  in  common  schools. 

It  is  made  the  duty  of  the  Board  of  Control  to  use  all 
diligence  to  provide  suitable  places,  in  good  families,  for  the 
children  who  are  inmates  of  the  school. 

The  Michigan  Institution  for  Educating  Deaf  and  Dumb, 
<iivl  Blind  persons  is  located  at  Flint,  and  is  under  the  control 
of  a  Board  of  Trustees. 

Tuition  and  board  are  free  to  all  candidates  from  this  State; 
and  where  such  persons,  on  account  of  poverty,  are  unable  to 
furnish  themselves  with  suitable  clothing  and  other  necessary 
expenses  for  attending  the  school,  the  Board  of  Trustees  are 
authorized  to  render  them  assistance  not  exceeding  forty  dol 
lars  per  annum,  for  each  person,  to  be  paid  out  of  the  State 
treasury.  This  institution  is  supported  by  the  State. 

The  Michigan  Asylum  for  the  Insane,  located  at  Kala- 
mazoo,  is  also  a  State  institution,  under  the  control  of  a  Board 
of  Trustees,  who  appoint  a  medical  superintendent  and  other 
officers. 

County  Superintendents  of  the  Poor,  or  any  Supervisor 


GOVERNMENT    OF    MICHIGAN.  97 

of  any  city  or  town  to  which  a  person  who  is  insane  is  charge 
able,  may  send  such  person  to  the  Asylum,  and  the  expense  of 
sending  and  keeping  him  there  is  paid  by  the  town  or  county 
to  which  he  is  chargeable. 

When  a  person  who  is  indigent,  but  not  a  pauper,  be 
comes  insane,  the  Probate  Judge  may  send  him  to  the  Asylum. 
In  such  case  the  county  pays  the  expenses  of  his  support. 

If  a  person  who  is  an  inmate  of  the  Asylum,  has  means 
to  enable  him  to  do  so,  he  is  personally  liable  for  his  support 
in  the  Asylum. 

In  1873,  the  Legislature  provided  for  the  establishment 
of  an  additional  asylum  for  the  insane,  and  Poiitiac  has  been 
selected  as  the  place  for  its  location. 

In  most  of  the  older  counties,  poor-houses  have  been 
erected,  wrhere  persons  unable  to  support  themselves  are  kept 
and  provided  for  at  the  expense  of  the  county.  In  other 
counties  they  are  supported  at  the  expense  of  the  townships. 


Questions — Where  is  the  State  Public  School  located?  For  what 
purpose  was  this  institution  established?  In  what  branches  are  the 
children  in  this  school  required  to  be  educated  ?  What  is  required  of 
the  Board  of  Control,  with  respect  to  the  care  of  the  inmates  ?  Where 
is  the  Michigan  Institution  for  Educating  Deaf  and  Dumb,  and  Blind 
persons  located  ?  On  what  terms  are  persons  admitted  who  reside  in 
this  State  ?  What  pecuniary  aid  may  be  rendered  poor  persons  who 
attend  this  institution  ?  Where  is  the  Michigan  Asylum  for  the  Insane 
located  ?  What  officers  are  authorized  to  send  to  the  Asylum  insane 
persons  who  are  paupers  ?  What  officer  may  send  insane  persons  who 
are  indigent  but  not  paupers  ?  How  are  the  inmates  of  the  Asylum 
supported?  What  provision  has  been  made  for  an  additional  asylum? 
What  provision  has  been  made  for  poor  persons  ? 


08  GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XLII. 


PENAL    AND    REFORMATORY    INSTITUTIONS. 

Penal  and  reformatory  institutions  have  been  found  nec 
essary  for  the  punishment  and  reformation  of  those  who  com 
mit  crime.  They  are  also  necessary  to  restrain  offenders  and 
thereby  deprive  them  of  the  opportunity  or  power  to  violate 
the  law. 

A  State  prison  has  been  established  at  Jackson  where 
persons  convicted  of  a  higher  grade  of  oifenses — that  is,  those 
crimes  that  are  considered  most  atrocious  and  wicked — are 
sent  by  the  Courts  for  punishment.  The  prisoners  are  re 
quired  to  labor  and  are  taught  some  of  the  mechanical  trades. 

The  prison  is  under  the  direction  of  three  Inspectors,  ap 
pointed  by  the  Governor.  The  officers  of  the  prison  consist 
of  an  agent,  who  is  principal  keeper  of  the  prison,  a  clerk,  a 
physician  and  surgeon,  a  chaplain,  a  deputy  keeper,  and  a 
number  of  assistant  keepers. 

The  Reform  School  at  Lansing  is  designed  for  the  refor 
mation  of  boys,  who,  between  the  ages  of  ten  and  sixteen 
years,  are  convicted  of  crime. 

Persons  sent  to  this  institution  are  sentenced  to  remain 
there  until  they  are  twenty-one  years  of  age;  but  the  Board 
of  Control  have  power  to  discharge  them  at  any  time  when 
satisfied  of  their  reformation,  or,  when  their  presence  in  the 
school  is  prejudicial  to  the  discipline  thereof,  may  send  them 
back  to  the  Court  for  punishment  in  some  other  institution. 

The  design  of  the  Reform  School  is  not  so  much  for  pun 
ishment,  as  reformation;  and  the  persons  sent  there  are  disci- 


GOVERNMENT   OF    MICHIGAN,  99 

plined,  instructed,  employed  and  governed,  in  such  a  way  as 
shall  tend  to  make  them  good  citizens. 

The  Detroit  House  of  Correction  was  built  by  the  city  of 
Detroit;  but  by  a  law  of  the  State,  the  Beard  of  Supervisors 
of  any  county  may  make  an  agreement  with  the  Common 
Council  or  agent  of  the  city  of  Detroit,  for  the  confinement  of 
persons  convicted  of  crimes  which  would  otherwise  subject 
them  to  imprisonment  in  the  County  Jail,  in  the  House  of 
Correction.  In  such  case  the  county  where  the  person  is  con 
victed  pays  the  city  of  Detroit  for  keeping  the  prisoner. 

All  females  convicted  of  offenses,  except  murder,  which 
would,  under  the  general  provisions  of  law,  subject  them  to 
imprisonment  in  the  State  Prison,  are  sent  to  the  Detroit 
House  of  Correction. 

In  1871,  the  Legislature  authorized  the  establishment  by 
the  county  of  Jackson,  of  a  House  of  Correction,  similar  to 
the  one  established  in  Detroit. 

In  each  of  the  organized  counties  in  this  State,  the  law 
provides  for  the  erection  of  jails  for  the  detention  of  persons 
accused  of  crime  until  they  can  be  tried,  and  for  the  punish 
ment  of  such  as  are  convicted  of  minor  offenses. 

Prisons  are  also  established  in  cities  and  villages,  for  the 
confinement  of  those  who  violate  the  by-laws  and  ordinances. 

Where  is  the  State  Prison  located?  What  class  off  offenders  are 
confined  there  ?  What  officers  control  the  prison  ?  Where  is  the  Re 
form  School  located  ?  What  persons  are  sent  to  this  school  ?  What 
authority  has  the  Board  of  Control  in  relation  to  the  custody  of  the 
inmates  ?  What  is  the  design  of  the  Reform  School  ?  What  is  said  of 
the  Detroit  House  of  Correction?  In  what  institution  are  female 
offenders  incarcerated?  What  is  said  of  jails?  Of  prisons,  in  cities 
and  villages  ? 


100  GOVERNMENT    OF    MICHIGAN. 


CHAPTER    XLIII. 


ASSESSMENT    AND    COLLECTION    OF    TAXES. 

A  tax  is  a  contribution  which  individuals  are  required  to 
make  for  the  use  or  service  of  the  State. 

Since  it  is  the  duty  of  the  Government  to  protect  and 
defend  the  people  in  the  enjoyment  of  their  property,  it  is  but 
just  that  those  who  have  the  most  property  should  pay  the 

largest  tax. 

As  a  basis  for  taxation,  the  value  of  all  the  real  and  per 
sonal  property  in  the  State,  except  such  as  the  law  exempt^ 
is  estimated,  and  a  certain  percentage  of  its  value  is  required 
to  be  paid  as  a  tax,  by  the  owner,  or  persons  in  the  possession, 
of  such  property. 

The  following  property  is  exempt  from  taxation  : 
hundred  and  fifty  dollars'  worth  of  household  furniture  ;  fifty 
dollars'  worth  of  spinning  and  weaving  looms  and  apparatus; 
all  arms  required  to  be  kept  by  law,  and  the  clothing  of  every 
person  or  family  ;  one  hundred  and  fifty  dollars'  worth  of 
library  books,  school  books,  and  all  family  pictures  ;  to  every 
householder,  fifteen  sheep,  with  their  fleeces,  and  the  yarn  and 
cloth  manufactured  therefrom  ;  two  cows,  five  swine,  and  food 
and  fuel  sufficient  for  the  family  for  six  months ;  a  hundred 
dollars'  worth  of  musical  instruments  ;  property  of  the  United 
States  and  of  this  State  ;  all  public  or  corporate  property  of 
counties,  cities,  villages,  townships,  and  school  districts  ,  the 
personal  property  of  all  library,  benevolent,  charitable,  and 
scientific  associations,  incorporated  within  this  State,  and 
lands  belonging  to  or  leased  by  such  institutions  and  occu 
pied  by  them  ;  churches,  and  church  property,  and  places, 


GOVERNMENT    OF    MICHIGAN.  101 


of  burial  ;  and  the  personal  and  real  esate°^c§f"jve^Sons 
by  reason  of  infirmity,  age  or  poverty,  may,  in  'the  opinion"  "of 
the  Supervisor,  be  unable  to  contribute  towards'  the  'public 
charges. 

When  a  tenant,  paying  rent  for  real  estate,  shall  be  taxed 
therefor,  he  may  retain,  out  of  his  rent,  the  taxes  paid  by  him 
for  the  same,  unless  there  be  an  agreement  to  the  contrary. 

It  is  the  duty  of  the  Supervisor,  who  acts  as  Assessor,  on 
or  before  the  first  Monday  in  May,  of  each  year,  to  call  upon 
each  person  in  his  township,  liable  to  be  taxed,  and  leave  with 
him  a  blank  form  on  which  to  make  out  statements  of  the 
taxable  property  in  his  possession  ;  after  which  the  Supervisor 
is  required  to  take  the  list  and  set  down  the  value  of  the 
property  embraced  in  the  statement,  and  deduct  from  the 
moneys  at  interest  and  other  credits  of  such  person,  the 
amount  of  money  upon  which  he  or  she  pays  interest,  together 
with  his  or  her  other  indebtedness. 

On  the  third  Monday  of  May,  and  the  two  following 
..days,  persons  who  are  not  satisfied  with  the  assessment  as 
made  by  the  Supervisor,  may  appear  before  him  and  show 
cause  why  the  valuation  should  be  changed.  If  satisfied  he 
has  committed  an  error,  it  is  his  duty  to  make  the  proper 
correction. 

After  all  needed  corrections  are  made,  the  Supervisor 
makes  out  an  assessment  roll,  containing  the  names  of  the 
resident  persons  liable  to  be  taxed  ;  a  full  description  of  the 
real  estate  of  such  persons  ;  the  number  of  acres  in  each  tract 
or  parcel,  and  the  aggregate  valuation  of  the  personal  estate 
of  such  person,  liable  to  be  taxed,  as  appears  from  the  state 
ments  in  the  possession  of  the  Supervisor. 

Lands  not  occupied  and  not  claimed  to  be  owned  by  any 
one  living  in  the  township  are  set  down  and  assessed  as  non 
resident  lands. 


102  GOVERNMENT    OF    MICHIGAN. 

The  Township  Clerk  who  keeps  the  records  of  the  town 
ship  meetings,  and  of  the  meetings  of  the  Township  Board, 
a-nxf  wjio  ke^ps  files  of  all  orders  and  votes  for  raising  moneys 
in  his  township,  furnishes  the  Supervisor  with  a  statement  of 
the  amount  of  money  proposed  to  be  raised,  and  for  what  pur 
poses.  This  statement  the  Supervisor  gives  to  the  County 
Clerk,  who  is  clerk  of  the  Board  of  Supervisors. 

At  their  meeting  in  October,  the  Board  of  Supervisors 
ascertain  whether  the  valuations  in  the  different  towns  and 
cities  are  relatively  equal.  If  they  are  not  they  correct  them. 

The  Auditor-General  of  the  State  apportions  the  State  tax 
equitably  among  the  several  counties,  and  notifies  the  County 
Clerks  of  the  amounts  required  from  their  respective  counties. 
The  Boards  of  Supervisors  apportion  the  taxes  required  for 
county  purposes  among  the  townships.  In  this  way  the  County 
Clerk  is  enabled  to  determine  just  how  much  money  is  to  be 
raised  in  each  township  for  taxes,  and  informs  the  Supervisor, 
who  then  assesses  the  taxes  against  the  individual  valuations 
of  property  on  his  assessment  roll,  specifying  what  such  taxes 
are  required  for.  This  list  the  Supervisor  delivers  to  the  Town 
ship  Treasurer,  who  collects  the  tax. 

If  persons  against  whom  a  tax  is  assessed,  refuse  or  neg 
lect  to  pay  the  same,  provision  is  made  by  law  to  sell  so  much 
of  their  property  as  may  be  necessary  for  that  purpose;  and  if 
the  tax  assessed  against  non-resident  lands  shall  not  be  paid, 
such  lands  may  be  sold  to  pay  the  same. 

Under  our  statutes,  State,  county  and  township  taxes  upon 
real  estate,  become  a  lien  upon  the  land  from  the  first  Monday 
in  December  of  the  year  in  which  they  are  assessed,  and  not 
before;  and  as  between  seller  and  purchaser  under  a  war 
ranty  deed,  the  obligation  is  upon  the  purchaser  to  pay  the 
taxes  for  the  current  year  where  the  conveyance  is  prior  to 
that  date,  and  upon  the  vendor,  where  it  is  subsequent. 


GOVERNMENT    OF    MICHIGAN.  103 

Questions — What  is  a  tax?  What  is  the  basis  for  taxing  prop 
erty?  What  property  is  exempt  from  taxation?  What  remedy  has  a 
tenant  who  is  taxed  for  the  property  he  rents?  In  what  way  does  the 
Assessor  ascertain  what  property  is  to  be  assessed  for  taxation  ?  What 
provision  is  made  for  correcting  the  Assessor's  estimates  of  value? 
What  does  the  assessment  roll  contain  ?  How  are  unoccupied  lands, 
not  claimed  by  any  one  in  the  township,  assessed?  How  does  the 
Clerk  of  the  Board  of  Supervisors  ascertain  what  is  proposed  to  be 
raised  as  a  tax  for  townslrp  purposes?  How  are  the  valuations  of 
property  in  the  different  townships  equalized?  What  officer  appor 
tions  the  State  tax  among  the  counties?  What  body  apportions  the 
county  tax  among  the  townships?  In  what  way  is  the  Supervisor 
informed  of  the  amount  of  tax  to  be  raised  in  his  township  ?  What 
apportionment  does  the  Supervisor  make  ?  What  officer  collects  the 
tax?  In  case  the  tax  is  not  paid,  how  may  the  tax  be  collected? 
When  do  the  taxes  assessed  become  a  lien  upon  the  land?  What  is 
said  of  the  obligations  of  the  sellers  and  purchasers  of  land,  as  to  the 
payment  of  taxes  ? 


CHAPTER  XLIV. 


TITLE   TO    REAL    PROPERTY    BY    DESCENT. 

When  any  person  shall  die  seized  of  any  lands,  tenements, 
or  hereditaments,  or  of  any  right  thereto,  or  entitled  to  any 
interest  therein,  in  fee  simple,  or  for  the  life  of  another,  not 
having  lawfully  devised  the  same,  they  shall  descend,  subject 
to  his  debts,  in  manner  following: 

first  —  In  equal  shares  to  his  children,  and  to  the  issue  of 
any  deceased  child  by  right  of  representation;  and  if  there 
be  no  child  of  the  intestate  living  at  his  death,  his  estate  shall 
descend  to  all  his  other  lineal  descendants;  and  if  all  the  said 
descendants  are  in  the  same  degree  of  kindred  to  the  intestate, 


104  GOVERNMENT   OF   MICHIGAN. 

they  shall  share  the  estate  equally;  otherwise  they  shall  take 
according  to  the  right  of  representation. 

When  we  say  "  property  descends  in  equal  shares  to 
a  deceased  person's  children,  and  to  the  issue  of  any  deceased 
child  by  right  of  representation,"  we  mean  that  the  issue  of 
the  deceased  child  take  the  share  that  would  have  belonged  to 
such  child  had  he  been  living.  Thus  a  person  dies  leaving 
three  children,  and  three  grandchildren,  the  issue  of  a  deceased 
child.  Each  of  the  three  living  children  would  take  one  fourth 
of  the  estate,  and  each  of  the  grandchildren  one  twelfth.  The 
three  grandchildren  thus  represent  or  stand  in  the  place  of 
the  deceased  child,  and  hence  we  say,  "they  take  by  right  of 
representation." 

Inheritance,  or  succession,  by  "right  of  representation," 
takes  place  when  the  descendants  of  any  deceased  heir  take 
the  same  share  or  right  in  the  estate  of  another  person  that 
their  parent  would  have  taken  if  living.  Posthumous  children 
are  considered  as  living  at  the  death  of  their  parents. 

Second  —  If  he  shall  leave  no  issue,  his  estate  shall 
descend  to  his  widow  during  her  natural  lifetime,  and,  after 
her  decease,  to  his  father;  and  if  he  shall  leave  no  issue  or 
widow,  his  estate  shall  descend  to  his  father; 

Third  —  If  he  shall  leave  no  issue,  nor  widow,  nor  father, 
his  estate  shall  descend  in  equal  shares  to  his  brothers  and 
sisters,  and  to  the  children  of  any  deceased  brother  or  sister, 
by  right  of  representation:  Provided,  That  if  he  shall  leave 
a  mother  also,  she  shall  take  an  equal  share  with  his  brothers 
and  sisters  ; 

Fourth — If  the  intestate  shall  leave  no  issue,  nor  widow, 
nor  father,  and  no  brother  nor  sister  living  at  his  death,  his 
estate  shall  descend  to  his  mother,  to  the  exclusion  of  the 
issue,  if  any,  of  deceased  brothers  or  sisters  ; 

Fifth  —  If  the   intestate   shall  leave   no  issue  nor  widow, 


GOVERNMENT   OF    MICHIGAN.  105 

and  no  father,  mother,  brother,  nor  sister,  his  estate  shall 
descend  to  his  next  of  kin  in  equal  degree,  excepting  that 
when  there  are  two  or  more  collateral  kindred  in  equal  degree, 
but  claiming  through  different  ancestors,  those  who  claim 
through  the  nearest  ancestor  shall  be  preferred  to  those  claim 
ing  through  an  ancestor  more  remote:  Provided  however, 

Sixth  —  If  any  person  shall  die  leaving  several  children, 
or  leaving  one  child,  and  the  issue  of  one  or  more  other 
children,  and  any  such  surviving  child  shall  die  under  age,  and 
not  having  been  married,  all  the  estate  that  came  to  the 
deceased  child  by  inheritance  from  such  deceased  parent  shall 
descend  in  equal  shares  to  the  other  children  of  the  same 
parent,  and  to  the  issue  of  any  such  other  children  who  shall 
have  died,  by  right  of  representation  ; 

Seventh — If,  at  the  death  of  such  child  who  shall  die 
under  age,  and  not  having  been  married,  all  the  other  children 
of  his  said  parent  shall  also  be  dead,  and  any  of  them  shall 
have  left  issue,  the  estate  that  came  to  said  child  by  inherit 
ance  from  his  said  parent  shall  descend  to  all  the  issue  of 
other  children  of  the  same  parent  ;  and  if  all  the  said  issue 
are  in  the  same  degree  of  kindred  to  said  child,  they  shall 
share  the  said  estate  equally,  otherwise  they  shall  take  accord 
ing  to  the  right  of  representation  ; 

Eighth — If  the  intestate  shall  leave  a  widow  and  no 
kindred,  his  estate  shall  descend  to  such  widow  ; 

Ninth  —  If  the  intestate  shall  leave  no  widow  nor  kindred, 
his  estate  shall  escheat  to  the  people  of  this  State,  for  the  use 
of  the  primary  school  fund. 

Any  estate,  real  or  personal,  that  may  have  been  given 
by  the  intestate  in  his  lifetime,  as  an  advancement  to  any 
child  or  other  lineal  descendant,  shall  be  considered  as  a 
part  of  the  estate  of  the  intestate,  so  far  as  it  regards 
the  division  and  distribution  thereof  among  his  issue,  and 


100  GOVERNMENT    OF    MICHIGAN. 

shall  be  taken  by  such  child  or  other  descendants  toward  his 
share  of  the  estate  of  the  intestate. 

All  gifts  and  grants  shall  be  deemed  to  have  been 
made  in  advancement,  if  they  are  expressed  in  the  gift  or 
grant  to  be  so  made,  or  if  charged  in  writing  by  the  intes 
tate  as  an  advancement,  or  acknowledged  in  writing  as  such 
by  the  child  or  other  descendant. 

If  any  child,  or  other  lineal  descendant,  so  advanced, 
shall  die  before  the  intestate,  leaving  issue,  the  advancement 
shall  be  taken  into  consideration,  in  the  division  and  distribu 
tion  of  the  estate,  and  the  amount  thereof  shall  be  allowed 
accordingly,  by  the  representatives  of  the  heir  so  advanced, 
in  like  manner  as  if  the  advancement  had  been  made  directly 
to  them. 


Questions  —  Define  the  word  seized,  as  use  in  this  chapter. 
Tenements.  Hereditaments.  Devise.  Issue.  Intestate.  Lineal. 
Kindred.  Ancestor.  When  a  person  dies  without  a  will,  to  whom 
does  his  property  descend,  first?  When  we  say  property  descends  in 
equal  shares  to  a  deceased  person's  children,  and  to  the  issue  of  any 
deceased  child  by  right  of  representation,  what  do  we  mean?  When 
docs  inheritance,  or  succession,  by  "right  of  representation,"  take 
place  ? 

If  a  man  die  leaving  no  issue,  how  does  his  estate  descend  ?  If  lie 
leave  no  issue  or  widow  ?  If  he  leave  no  issue,  nor  widow  nor  father? 
If  he  leave  no  issue,  nor  widow  nor  father,  and  no  brother  nor  sister 
living  at  his  death?  If  he  leave  no  issue  nor  widow,  and  no  father, 
mother,  brother  nor  sister  ?  If  he  leave  several  children  or  one  child,  and 
the  issue  of  one  or  more  other  children,  and  any  such  surviving  child 
shall  die  under  age  and  not  having  been  married,  what  becomes  of  the 
share  inherited  by  the  deceased  child  from  his  parent?  If,  in  the  case 
just  mentioned,  all  the  other  children  of  said  parent  shall  also  be  dead 
nnd  any  of  them  shall  have  left  issue,  to  whom  does  the  estate  that 
came  to  said  child  by  such  inheritance  go?  When  does  the  estate 
descend  to  the  widow  ?  When  does  the  property  escheat  to  the  p  -ople 
of  the  State?  What  is  said  of  gifts  by  way  of  advancement?  When 


GOVERNMENT    OF    MICHIGAN.  107 

shall  gifts  or  grants  be  deemed  to  have  been  made  in  advancement  ? 
In  case  of  the  death  of  the  person  to  whom  an  advancement  is  made 
before  the  death  of  the  person  making  it,  what  is  done  with  such 
advancement  ? 


CHAPTER    XLV. 


OF    WEIGHTS    AND    MEASURES. 

The  law  of  this  State  provides  how  many  pounds  of  cer 
tain  grain,  dried  fruit,  coal,  vegetables  and  products,  shall 
constitute  a  bushel  :  Wheat,  60  ;  rye,  50  ;  shelled  corn,  56  ; 
corn  on  the  cob,  70  ;  corn  meal,  50  ;  oats,  32  ;  buckwheat,  48  ;. 
beans,  60 ;  clover  seed,  60  ;  timothy  seed,  45  ;  flax  seed,  56  ; 
hemp  seed,  44 ;  millet,  50  ;  Hungarian  grass  seed,  50  ;  blue 
grass  seed,  14  ;  barley,  48  ;  dried  apples,  23  ;  dried  peaches, 
28  ;  potatoes,  60  ;  sweet  potatoes,  56  ;  onions,  54  ;  turnips,, 
58  ;  peas,  60  ;  cranberries,  40  ;  dried  plums,  28  ;  castor  beans, 
46  ;  Michigan  salt,  56  ;  mineral  coal,  80  ;  orchard  grass  seed,, 
14  ;  Osage  orange  seed,  33  f  stone  lime,  70  ;  red-top  seed,  14. 

A  box  or  basket  of  peaches  must  contain  seven  hundred 
and  sixteen  and  three-fourths  cubic  inches,  or  one-third  of  a 
bushel. 

A  barrel  of  fruit,  roots  or  vegetables,  is  that  quantity 
contained  in  a  barrel  made  from  staves  twenty-seven  inches  in 
length,  and  each  head  sixteen  and  one-half  inches  in  diameter. 

All  wheat  flour,  rye  flour,  and  buckwheat  meal,  manu 
factured  in  this  State  for  sale  or  exportation,  shall  be  packed 
in  good  and  strong  casks,  niade  of  seasoned  oak  or  other 
sufficient  timber,  and  hooped  with  at  least  ten  good  and  sub 
stantial  hoops,  three  of  which  shall  be  on  each  chime,  and 
properly  nailed. 


108  GOVERNMENT    OF    MICHIGAN. 

The  casks  shall  be  of  two  sizes,  one  of  which  shall  con 
tain  one  hundred  and  ninety-six  pounds  of  flour  or  meal,  with 
staves  twenty-seven  inches  in  length,  and  each  head  sixteen 
and  one-half  inches  in  diameter  ;  the  other  size  shall  contain 
ninety-eight  pounds,  with  staves  twenty-two  inches  long, 
and  each  head  fourteen  inches  in  diameter. 

The  casks  shall  be  made  as  nearly  straight  as  may  be, 
and  their  tare  shall  be  accurately  marked  on  one  head  with 
a  marking  iron,  and  they  shall  also  be  branded  with  the 
•weight  of  the  flour  or  meal  contained  therein,  and  with  the 
initials  of  the  Christian  and  the  whole  of  the  surname  of  the 
manufacturers  thereof,  except  when  such  flour  or  meal  shall 
be  manufactured  by  a  company,  when  the  cask  may  be 
branded  with  the  name  of  such  company. 

Every  such  cask  of  wheat  flour  shall  also  be  branded  as 
follows,  namely  :  If  of  a  superior  quality,  "  Superfine,"  if  of 
a  second  quality,  "Fine,"  if  of  a  third  quality,  "Fine 
middlings,"  if  of  a  fourth  quality,  "Middlings." 

Each  cask  of  rye  flour  of  the  first  quality  shall  be 
branded  with  the  words  "  Superfine  rye  flour,"  and  each 
cask  of  the  second  quality,  with  the  words  "  Fine  rye  flour," 
and  each  cask  of  buck\vheat  meal  shall  be  branded  with  the 
words  "  B.  meal." 

Questions  —  Give  the  weight  per  bushel  of  the  different  grains, 
fruits  and  products  mentioned  in  this  lesson.  What  is  the  size  required 
for  a  box  or  basket  of  peaches?  State  the  size  required  for  barrels  of 
fruit,  roots  or  vegetables.  In  what  way  must  wheat  flour,  rye  flour 
and  buckwheat  meal  be  packed?  What  is  said  of  the  si/.es  and 
capacity  of  casks  ?  How  are  the  casks  to  be  made  and  branded  ? 
What  brands  are  to  be  placed  on  casks  of  wheat  flour?  Of  rye  flour? 
Of  buckwheat  meal  ? 


GOVERNMENT    OF    MICHIGAN.  109 


CHAPTER    XLVI. 


THE    PUBLIC    HEALTH. 

The  Supervisor  and  Justices  of  the  Peace  constitute  a 
Board  of  Health  for  the  township  in  which  they  reside. 

The  Board  has  power  to  appoint  a  physician  as  a  Health 
Officer,  and  may  make  such  regulations  concerning  nuisances, 
sources  of  filth,  and  causes  of  sickness,  within  their  town 
ships,  and  on  board  of  any  vessels  in  their  ports  or  harbors, 
as  they  shall  judge  necessary  for  the  public  health  and  safety; 
and  if  any  person  shall  violate  any  such  regulations,  he  shall 
forfeit  a  sum  not  exceeding  one  hundred  dollars.  The  Board 
of  Health  are  required  to  give  notice  of  their  regulations  by 
publishing  the  same  in  some  newspaper  of  the  township,  if 
there  be  one  published  therein,  and  if  not,  by  posting  them 
up  in  five  public  places  in  the  township. 

It  is  the  duty  of  the  Board  to  make  provision  to  prevent 
the  spread  of  the  small-pox,  or  other  dangerous  diseases;  and 
for  this  purpose  may  cause  any  sick  or  infected  person  to  be 
removed  to  a  separate  house,  if  it  can  be  done  without  injury 
to  his  health  ;  and  if  necessary,  they  may  cause  the  persons 
in  the  neighborhood  to  be  removed.  They  may  take  posses 
sion  of  convenient  houses  and  lodgings  for  the  sick,  and  may 
employ  nurses,  and  attendants,  and  procure  other  necessaries 
for  them. 

The  inhabitants  may,  if  they  desire,  establish  hospitals  in 
any  township,  for  the  reception  of  persons  having  the  small 
pox  or  other  diseases  which  may  be  dangerous  to  the  public 
health. 


110  GOVERNMENT    OF    MICHIGAN. 

In  cities,  the  Mayor  and  Aldermen,  and  in  incorporated 
villages,  the  President  and  Trustees,  constitute  the  Board  of 
Health. 

Questions  —  What  officers  constitute  the  Board  of  Health  in 
townships  V  What  are  the  powers  of  the  Board  in  regard  to  estab 
lishing  regulations  to  prevent  the  spread  of  disease?  What  is  said 
•of  hospitals?  What  officers  constitute  the  Board  of  Health  in  cities? 
In  villages  ? 


CHAPTER  XLVII. 


OF     FENCES  AND      FENCE-VIEWERS WHEN     NO      DAMAGES     AL 
LOWED    FOR    INJURIES   BY   TRESPASSING   ANIMALS. 

All  fences  four  and  a  half  feet  high,  in  good  repair,  con 
sisting  of  rails,  timber,  boards  or  stone  walls,  or  any  combina 
tion  thereof,  and  all  brooks,  rivers,  ponds,  creeks,  ditches,  and 
hedges,  or  other  things  which  shall  be  considered  equivalent 
thereto,  in  the  judgment  of  the  Fence-Viewers  within  whose 
jurisdiction  the  same  may  be,  shall  be  deemed  legal  and  suffi 
cient  fences. 

It  is  the  duty  of  persons  occupying  adjoining  lands,  to 
maintain  partition  fences,  in  equal  shares,  so  long  as  both  par 
ties  continue  to  improve  such  lands.  The  Overseers  of  High 
ways  are,  by  law,  made  the  Fence- Viewers  in  their  respective 
townships,  and  it  is  their  duty,  when  the  parties  cannot  agree, 
to  determine  the  condition  of  partition  fences,  and  to  assign 
to  the  parties  their  share  of  such  fences  to  be  by  them  kept  in 
repair. 

The  law  provides  that  no  person  shall  be  entitled  to 
recover  any  sum  of  money,  in  any  action  at  law,  for  damages 


GOVERNMENT    OF    MICHIGAN.  Ill 

done  upon  lands  by  any  beast  or  beasts,  unless  the  partition 
fences  by  which  such  lands  are  wholly  or  in  part  enclosed,  and 
belonging  to  such  person,  or  by  him  to  be  kept  in  repair,  shall 
be  of  the  same  height  and  description  as  is  required  by  the 
provisions  of  the  first  paragraph  of  this  chapter. 

Questions  —  What  constitutes  a  lawful  fence?  What  is  the  duty 
of  persons  occupying  adjoining  lands,  with  reference  to  partition 
fences  ?  Who  constitute  the  Fence-Viewers,  and  what  are  their  duties  ? 
What  is  said  with  reference  to  the  recovery  of  damages  for  injuries 
from  trespassing  animals  ? 


CHAPTER   XL VIII. 


MONEY   AND    INTEREST. 

The  interest  of  money  shall  be  at  the  rate  of  seven  dol 
lars  upon  one  hundred  dollars  for  a  year,  and  at  the  same  rate 
for  a  greater  or  less  sum,  and  for  a  longer  or  shorter  time. 
But  it  is  lawful  for  the  parties  to  stipulate  in  writing  any  rate 
of  interest  not  exceeding  ten  per  cent,  per  annum. 

Where  parties  agree  that  the  rate  of  interest  shall  exceed 
that  authorized  by  law,  the  legal  rate,  and  no  more,  can  be 
recovered,  in  an  action  at  law. 

When  any  iiistallment  of  interest  upon  any  note,  bond, 
mortgage,  or  other  written  contract  shall  become  due,  and  the 
same  shall  remain  unpaid,  interest  may  be  computed  and  col 
lected  on  any  such  installment  so  due  and  unpaid,  from  the 
time  at  which  it  becomes  due,  at  the  same  rate  as  specified  in 
any  such  note,  bond,  mortgage  or  other  written  contract,  not 
exceeding  ten  per  cent.,  and  if  no  rate  of  interest  be  specified, 
then  at  the  rate  of  seven  per  cent,  per  annum. 


112  GOVERNMENT    OF    MICHIGAN. 

Parties  loaning  money,  may  take  interest  authorized  by 
the  law  of  this  State,  without  reference  to  the  law  of  the  place 
where  the  money  may  be  payable. 

Questions  —  What  is  the  legal  rate  of  interest  in  Michigan?  What 
rate  may  parties  agree  upon  ?  Where  the  rate  of  interest  agreed  upon 
exceeds  that  authorized  by  law,  what  may  be  recovered  v  What  is  said 
of  interest  upon  installments?  When  money  loaned  in  this  State  is 
made  payable  elsewhere,  what  rate  of  interest  may  be  taken  ? 


CHAPTER    XLIX. 


OF  THE  SUPPORT  OF  POOR  PERSONS. 

The  father,  mother,  and  children  of  any  poor  person  who 
is  blind,  old,  lame,  impotent  or  decrepit,  so  as  to  be  unable  to 
maintain  himself,  shall,  at  their  own  charge,  relieve  and  main 
tain  such  poor  person,  in  such  manner  as  shall  be  approved  by 
the  Directors  of  the  Poor  of  the  township  whore  such  poor 
person  may  be,  or  by  the  Superintendents  of  the  County  Poor. 

If  the  relatives  whose  duty  it  is  to  provide  for  a  poor  per 
son,  refuse  to  do  so,  the  Circuit  Court  may  make  an  order  to 
compel  them  to  furnish  such  support. 

The  father  shall  be  first  required  to  maintain  such  poor 
person,  if  of  sufficient  ability;  if  there  be  no  father,  or  if  he 
be  not  of  sufficient  ability,  then  the  children  of  such  poor  per 
son;  if  there  be  no  such  children,  or  they  be  not  of  sufficient 
ability,  then  the  mother,  if  she  be  able  to  do  so. 

If  the  relative  required  by  law  to  support  a  poor  person, 
is  unable  wholly  to  maintain  such  poor  person,  the  Court  has 
power  to  direct  two  or  more  relatives  to  furnish  such  support, 
and  may  fix  the  amount  to  be  furnished  by  each. 


GOVERNMENT    OF    MICHIGAN.  113 

When  parents  abandon  their  children  and  refuse  to  sup 
port  them,  or  when  a  husband  so  abandons  his  wife,  the  Super 
intendents  of  the  Poor  may  seize  upon  the  property  of  such 
parent  or  husband,  and  the  same  may  be  sold  for  the  support 
of  such  wife  and  children. 

The  personal  property  of  paupers,  except  their  wearing 
apparel,  may  be  sold  for  their  support. 

When  poor  persons,  unable  to  support  themselves,  have 
no  relatives  able  to  support  them,  they  may  be  supported  at 
the  expense  of  the  county.  If  the  poor  person  needs  tempo 
rary  relief  only,  it  may  be  furnished  by  the  Supervisor  of  the 
township,  city,  or  ward,  or  by  the  Superintendents  of  the  Poor; 
but  if  the  person  requires  permanent  relief,  he  is,  in  those 
counties  having  poor-houses,  to  be  taken  to  such  poor-house, 
where  he  is  kept  and  supported  under  the  directions  of  the 
Superintendents. 

In  some  of  the  counties  the  distinction  between  township 
and  county  poor  has  not  been  abolished  by  the  Board  of  Su 
pervisors.  In  such  cases  it  is  the  duty  of  the  township  to 
provide  for  such  of  their  citizens  as  are  unable  to  support 
themselves,  unless  their  relatives  are  able  to  furnish  such 
support. 

Questions — What  relatives  are  required  to  support  poor  persons  ? 
May  relatives,  having  the  ability  so  to  do,  be  required  to  support  poor 
persons  ?  State  the  order  in  which  relatives  are  required  to  support 
poor  persons.  In  case  a  relative  whose  duty  it  is,  by  law,  to  support 
a  poor  person,  is  unable  to  provide  sufficient  support,  what  order  may 
the  Circuit  Court  make  ?  What  is  said  concerning  those  who  abandon 
their  children  and  wives  and  refuse  to  support  them  ?  What  may  be 
done  with  the  personal  property  of  paupers  ?  In  case  a  person  is  una 
ble  to  support  himself,  and  has  no  relatives  able  to  do  so,  what  provis 
ion  is  made  ? 


GOVERNMENT    OF    MICHIGAN. 


CHAPTER  L. 


OF   THE   LIEX   OF    MECHANICS   AND    OTHERS. 

For  the  purpose  of  enabling  mechanics  and  others  who 
may  furnish  labor  or  materials  for  constructing  or  repairing 
buildings,  or  for  putting  up  any  engine,  machinery,  or  appur 
tenances,  for  the  owner  or  lessee  of  lands,  upon  such  lands,  the 
law  h;is  provided  for  a  lien  thereon. 

Such  lien  shall  not  attach,  unless  the  contractor,  or  some 
one  in  his  behalf,  shall  make  and  file  with  the  Register  of 
Deeds  of  the  county  in  which  the  land  shall  lie,  a  certificate 
containing  a  copy  of  his  contract,  if  the  same  is  in  his  posses 
sion  and  in  writing,  and  if  not,  then  a  statement  of  the  terms 
of  the  contract,  as  near  as  he  can  give  it,  and  a  description  of 
the  piece  or  pieces  lot  or  lots  of  land,  on  which  such  building, 
wharf,  or  machinery  shall  be  or  is  to  be  constructed  or  put  up, 
and  a  statement  of  the  amount  due  and  to  become  due,  on  said 
contract,  together  with  all  credits  the  owner  may  be  entitled 
to,  which  certificate  shall  be  verified  by  the  affidavit  of  the 
contractor,  or  some  one  in  his  behalf.  When  this  is  done,  and 
the  owner  is  notified  thereof,  the  lien  becomes  binding. 

The  lien,  when  the  certificate  has  been  recorded,  continues 
good  for  six  months,  when  it  ceases,  unless  proceedings  shall, 
within  that  time,  be  taken  to  enforce  the  lien. 

Sub-contractors  may  also  have  a  lien  for  work  and  mate 
rials  furnished  by  them.  This  is  secured  by  making  and  filing 
with  the  Register  of  Deeds  a  similar  certificate  to  that  required 
of  the  contractor,  and  containing  a  further  statement  of  the 
terms  of  his  contract  with  the  original  contractor. 


GOVERNMENT    OF    MICHIGAN.  115 

The  person  desirous  of  enforcing  the  lien,  prepares  and 
{presents  to  the  Circuit  Court  in  Chancery,  for  the  county  in 
which  the  land  may  lie,  a  petition  containing-  a  brief  statement 
of  the  contract  or  contracts,  and  of  the  amount  due  thereon, 
with  a  description  of  the  premises  subject  to  the  lien,  and  all 
other  material  facts  and  circumstances,  and  praying  for  a  sale 
or  other  disposition  of  the  premises  to  satisfy  the  same. 

This  petition  should  not  be  filed  until  the  expiration  of 
sixty  days  from  the  maturity  of  the  debt.  The  Court  has 
power  to  direct  the  giving  of  such  notice  to  the  owner,  of  the 
time  of  hearing,  as  may  be  considered  just.  This  notice  should 
embrace  a  copy  of  the  order  of  the  Court  and  of  the  petition, 
and  should  be  personally  served,  if  the  owner  lives  in  this 
State.  Notice  should  also  be  given  to  other  creditors  who 
have  similar  liens  upon  the  same  property.  If  the  owner  lives 
out  of  the  State,  the  Court  directs  the  notice  to  be  given  by 
publishing  the  same  in  some  newspaper  printed  or  circulating 
within  the  county,  for  six  successive  weeks. 

At  the  time  fixed  for  the  hearing,  the  creditors  appear 
before  the  Court  and  prove  their  claims,  and  the  Court  deter 
mines  the  amount  due  to  each  creditor  who  has  a  lien  upon 
the  property  in  question,  and  may  order  a  sale  of  such  property 
to  satisfy  the  claims. 

By  the  law  of  1871,  provision  is  made  for  the  better  secu 
rity  of  mechanics  and  other  persons  furnishing  materials  for 
the  erecting,  altering,  repairing,  beautifying,  or  ornamenting 
of  buildings.  By  this  provision  the  lien  may  include  the 
building  and  land  on  which  it  stands,  not  exceeding  a  quarter 
of  a  section,  to  the  extent  of  the  interest  of  the  owner  or  lessee 
thereof.  This  act  may  be  found  in  a  note  following  this 
chapter. 

Liens  Upon  Personal  Property. — Mechanics,  artisans, 
and  tradesmen  may  retain  and  have  a  lien  for  labor  and  mate- 


HG  GOVEIIXXIKXT    OF    MICHIGAN. 

rial  furnished  by  them  in  constructing  or  repairing  any  article 
of  value. 

Any  person  may  have  a  lien  upon  horses,  cattle,  mules, 
sheep,  or  swine  for  their  keeping,  and  may  retain  possession 
of  them  until  the  charges  are  paid. 

In  order  to  enforce  these  liens,  suits  may  be  brought 
before  a  Justice  of  the  Peace,  and  judgment  recovered  for 
such  charges.  Thereupon  an  execution  is  issued  and  the  prop 
erty  retained,  sold  to  satisfy  the  lien. 

Questions — For  what  has  the  law  furnished  a  lien?  What  are  the 
conditions  upon  which  the  lien  attaches?  How  long  does  the  lien 
continue  ?  What  is  said  of  sub-contractors  ?  How  is  the  lien  enforced  ? 
What  is  said  of  giving  notice  to  the  owner?  What  is  said  of  the  law 
of  1871  ?  What  is  said  of  liens  upon  personal  property  ? 

>TOTE.— Act  0/1871.  SECTIONI.  The  People  of  the  State  of  Michigan  <>;)m<Y,That 
every  mechanic,  workman,  or  other  person,  who  shall  hereafter,  in  conformity  with 
the  terms  of  the  contract  between  the  owner  or  lessee  of  any  lot  or  piece  of  ground, 
or  his  agent,  and  the  original  contractor  or  any  sub-contractor,  perform  any  labor, 
or  furnish  any  materials  in  building,  altering,  repairing,  beautifying,  or  ornament 
ing  any  house  or  other  building,  or  machinery,  or  appurtenances  to  any  house  or 
other  building,  in  this  State,  shall  have  a  lien  for  the  value  ol  such  labor  and  mate 
rials  upon  such  house  or  building  and  appurtenances,  and  upon  the  lot  of  land  upon 
•which  the  same  stands,  not  exceeding  one-quarter  of  a  section,  including  such 
building,  to  the  extent  of  the  right,  title,  and  interest  of  such  owner  or  lessee,  at 
the  time  of  the  making  the  original  contract  for  such  house  or  the  improvements; 
but  the  aggregate  of  all  the  liens  hereby  authorized  shall  not  exceed  the  price 
stipulated  in  the  original  contract  between  such  owner  or  lessee  and  the  original 
contractor,  for  such  improvements;  in  no  case  shall  the  owner  or  lessee  be  com 
pelled  to  IMIV  a  greater  sum  for  or  on  account  of  such  house,  building,  or  other 
improvement,  than  the  price  or  sum  stipulated  in  said  original  contract  or  agree 
ment. 

SEC.  2.  The  person  performing  such  labor,  or  furnishing  such  materials,  shall 
cause  a  notice,  in  writing,  to  be  served  on  such  owner  or  lessee,  or  his  agent,  substan 
tially  in  the  following  form :  "To  :  You  are  hereby  notified  that  I  am  (or  have 

been)  employed  by ,  as  a  laborer  (or  have  furnished  materials,  or  am  about  to 

furnish  materials)  on  or  for  your  house,  or  building,  and  that  I  shall  hold  the  house, 
building,  and  your  interest  in  the  ground,  liable  for  my  services  thereon  (or  mate 
rials  furnished).'1  If  there  shall  be  a  contract,  in  writing,  between  the  original 
contractor  and  the  sub-contractor,  or  between  the  original  contractor  and  the  per 
son  so  performing  labor  or  furnishing  materials  as  aforesaid,  a  copy  of  such  sub 
contract,  if  the  same  can  be  obtained,  shall  be  served  with  such  notice  and  attached 


GOVERNMENT    OF    MICHIGAN.  117 

•thereto,  which  notice  shall  be  served  within  twenty  days  from  the  completion  of 
such  contract,  or  within  twenty  days  after  payment  should  have  been  made  to  the 
person  performing  such  labor  or  furnishing  such  material. 

SEC.  3.  In  all  cases  where  the  owner  or  lessee,  or  his  or  their  agent,  cannot 
be  found  in  the  county  in  which  said  improvements  shall  be  made,  or  shall  not 
reside  therein,  the  person  furnishing  labor  or  materials  shall  file  said  notice  in  the 
office  of  the  register  of  deeds  of  said  county,  and  the  said  register  shall  enter,  in  a 
book  kept  by  him  for  that  purpose,  alphabetically,  the  names  of  the  owners  or 
lessees,  and  opposite  thereto,  the  names  of  the  persons  claiming  liens,  for  which 
he  shall  receive  a  fee  of  fifty  cents  from  such  person  filing  said  claim.  A  copy  of 
rgaid  notice  shall  be  published,  at  the  expense  of  the  claimant,  in  some  newspaper 
printed  in  said  county,  once  in  each  week  for  four  successive  weeks  after  filing  such 
notice  with  the  register  aforesaid.  If,  however,  there  shall  be  no  paper  published 
in  said  county,  then  the  claimant  of  said  lien  shall  post  notices  of  his  claim  for  four 
successive  weeks,  in  four  of  the  most  public  places  in  the  township  in  which  said 
improvement  is  situated,  but  it  shall  not  be  necessary  to  publish  or  post  copies  of 
•any  contract  referred  to  in  the  last  preceding  section. 

SEC.  4.  The  original  contractor  shall,  as  often  as  requested,  in  writing,  by 
the  owner  or  lessee,  or  his  agent,  make  out  and  give  to  him  a  statement  of  the 
•number  of  persons  in  his  employ,  and  sub-contractors,  giving  their  names  and  the 
rate  of  wages  or  terms  of  contract,  and  how  much,  if  anything,  is  due  to  them,  or 
any  of  them,  which  statement  shall  be  made  under  oath,  if  required. 

SEC.  5.  If  the  money  then  due  and  payable  to  such  person  shall  *iot  be  paid 
within  ten  days  after  service  of  said  notice  as  aforesaid,  or  if  such  money  shall  not 
be  so  due  and  payable,  then  within  ten  days  after  the  money  shall  become  due  and 
payable,  and  if  the  amount  claimed  by  such  person  shall  be  admitted  in  writing  to 
be  due  him  by  the  contractor  or  sub-contractor  by  whom  said  money  is  directly 
payable,  then  such  person  may  commence  suit  therefor  in  any  court  having  juris 
diction  of  the  amount  claimed  to  be  due  against  the  owner  or  lessee,  as  if  he  were 
the  original  debtor,  and  judgment  may  be  rendered,  and  execution  had  thereon,  as  in 
•other  cases.  If  the  amount  so  claimed  to  be  due  shall  not  be  admitted  by  the  con 
tractor  or  sub-contractor  directly  liable  to  pay  the  same,  then  within  ten  days  after 
service  of  said  notice  as  aforesaid,  or  within  ten  days  after  said  money  has  become 
due  and  payable,  the  claimant  may  commence  suit  therefor  before  any  court  of 
competent  jurisdiction,  against  the  owner  or  lessee  and  the  contractor  directly 
liable  to  pay  the  same,  jointly,  and  judgment  may  be  rendered,  and  execution  may 
be  had  thereon,  as  in  other  cases:  Provided  however,  That  when  any  judgment 
may  be  rendered  against  any  owner  or  lessee,  or  against  any  owner  or  lessee  and 
contractor,  jointly,  such  owner  or  lessee  may  show  to  the  court  the  amount  actually 
due  and  payable  from  such  owner  or  lessee  to  such  contractor  at  the  time  said  suit 
was  commenced,  and  the  court  shall  cause  the  amount  so  shown  to  be  due  to  be 
entered  upon  the  records  thereof,  and  whenever  execution  shall  issue  for  the  collec 
tion  of  said  judgment,  the  amount  so  shown  to  be  due  from  said  owner  or  lessee 
shall  be  endorsed  on  such  execution,  and  no  greater  sum  shall  be  collected  of  such 
.owner  or  lessee  than  the  amount  so  endorsed:  Provided  further,  That  when  judg 
ment  shall  be  rendered  against  said  owner  or  lessee  upon  any  claim  admitted  in 
writing  by  any  contractor  as  aforesaid,  such  owner  or  lessee  shall  be  solely  liable  to 
.pay  the  costs  of  said  suit:  And  also  provided  further,  No  judgment  against  such 


118  GOVERNMENT    OF    MICHIGAN. 

owner  or  lessee  shall  be  a  bar  to  any  suit  brought  for  the  amount  of  said  claim,  or 
any  portion  thereof  remaining  unpaid,  against  the  contractor  directly  liable  to  pay 
the  same  to  said  claimant. 

SEC.  6.  Should  the  original  contractor,  for  any  cause,  fail  to  complete  his 
contract,  any  person  entitled  to  a  lien,  as  aforesaid,  may  file  his  petition  in  any 
court  of  record,  against  the  owner  or  lessee  and  contractor,  setting  forth  the  nature 
of  his  claim,  the  amount  due,  as  near  as  may  be,  and  the  names  of  the  parties  em 
ployed  on  such  house,  or  other  improvement,  subject  to  liens;  and  notice  of  such, 
suit  shall  be  served  on  the  persons  therein  named,  and  such  as  shall  appear  shall 
have  their  claims  adjudicated,  and  decree  shall  be  entered  against  the  owner  or 
lessee  and  original  contractor,  for  so  much  as  the  work  and  material  shall  be  shown 
to  be  reasonably  worth,  according  to  the  original  contract  price,  first  deducting  so 
much  as  shall  have  been  rightfully  paid  on  said  original  contract  by  the  owner  or 
lessee,  the  balance  to  be  divided  between  such  claimants  in  proportion  to  their 
respective  interests,  to  be  ascertained  by  the  court,  the  premises  to  be  sold  within 
thirty  days  from  the  date  of  such  decree,  unless  the  judgment  shall  be  sooner  paid. 

SEC.  7.  No  payments  to  the  oiiginal  contractor,  or  to  any  sub-contractor,  by 
such  owner  or  lessee,  shall  be  regarded  as  rightfully  made,  if  made  in  violation  of 
the  rights  conferred  by  this  act. 

SEC.  8.  The  lien  hereby  created  shall  continue  for  six  months  from  the  time 
of  the  performance  of  the  sub-contract,  or  doing  of  the  work,  or  furnishing  mate 
rials,  as  aforesaid,  except  where  suit  shall  be  commenced  as  aforesaid,  and  in  such 
cases  all  liens  shall  be  barred  by  decrees  entered  in  said  case. 

Approved  April  17,  1371. 


CHAPTER    LI. 


DOMESTIC    RELATIONS. 


MARRIAGE   REGISTRATION       OF       BIRTHS,       MARRIAGES,       AND 

DEATHS DIVORCE. 

If  otherwise  competent,  males  eighteen  years  of  age,  and1 
females  sixteen  years  of  age,  are  deemed  capable  in  law  of 
contracting  marriage. 

No  man  shall  marry  his  mother,  grandmother,  daughter, 
grand-daughter,  stepmother,  grandfather's  wife,  son's  wife, 
grandson's  wife,  wife's  mother,  wife's  grandmother,  wife's. 


GOVERNMENT    OF   MICHIGAN.  119 

daughter,  wife's  grand-daughter,  nor  his  sister,  brother's  daugh 
ter,  sister's  daughter,  father's  sister,  or  mother's  sister. 

No  woman  shall  marry  her  father,  grandfather,  son,  grand 
son,  stepfather,  grandmother's  husband,  daughter's  husband, 
grand-daughter's  husband,  husband's  father,  husband's  grand 
father,  husband's  son,  husband's  grandson,  nor  her  brother, 
brother's  son,  sister's  son,  father's  brother,  or  mother's  brother. 

No  marriage  shall  be  contracted  whilst  either  party  has  a 
former  wife  or  husband  living,  unless  the  marriage  of  such 
former  wife  or  husband  shall  have  been  dissolved. 

No  white  person  shall  intermarry  with  a  negro. 

Marriages  may  be  solemnized  by  Justices  of  the  Peace 
and  Ministers  of  the  Gospel ;  or,  so  far  as  relates  to  the  man 
ner,  may  be  solemnized  according  to  the  usages  of  any  society 
or  denomination. 

All  Justices  of  the  Peace  and  Ministers  of  the  Gospel  are 
required,  before  solemnizing  any  marriage,  to  examine  at  least 
one  of  the  parties  under  oath,  touching  the  legality  of  such 
intended  marriage. 

All  marriages  must  be  solemnized  in  the  presence  of  at 
least  two  witnesses  besides  the  Minister  or  Magistrate. 

Persons  authorized  to  solemnize  marriages  (Ministers  of 
the  Gospel  and  Justices  of  the  Peace)  are  required  to  make 
a  record  of  each  marriage  solemnized  by  them;  and  the  keeper 
of  the  records  of  the  meetings  in  which  any  marriage  among 
the  Friends  or  Quakers  shall  be  solemnized,  shall  make  a 
record  of  such  marriage. 

Certificates  of  marriage  shall  be  furnished  by  the  Minis 
ter,  Justice,  or  Clerk,  to  either  of  the  parties  to  such  marriage. 
Certified  copies  of  the  record  of  marriages  must  be  sent  to  the 
County  Clerk,  who  is  required  to  record  the  same. 

It  is  the  duty  of  the  Supervisor  of  each  township,  and  the 
Supervisor  or  Assessor  of  any  city  or  ward  therein,  to  return 


120  GOVERNMENT   OF   MICHIGAN. 

to  the  County  Clerk,  on  or  before  the  first  day  of  June,  in  each 
year,  a  statement  of  the  births  and  deaths  which  have  occurred 
in  their  respective  townships,  cities,  and  wards  during  the 
year  ending  on  the  last  day  of  the  preceding  December.  But 
in  the  city  of  Detroit,  persons  are  appointed  by  the  Common 
Council  to  perform  this  duty. 

Dii'v/'f'i:. — All  marriages  prohibited  by  law  on  account  of 
the  relationship  of  the  parties,  or  on  account  of  either  of  them 
having  a  former  wife  or  husband  living;  all  marriages  solem 
nized  while  either  party  was  an  idiot  or  insane;  all  marriages 
between  a  white  person  and  a  negro,  if  solemnized  within  this 
State;  all  marriages  solemnized  when  either  party  was  under 
the  age  of  legal  consent,  if  they  shall  separate  during  such 
nonage,  and  not  live  together  afterwards,  or  in  case  the  con 
sent  of  one  of  the  parties  was  obtained  by  force  or  fraud,  and 
there  shall  have  been  no  subsequent  voluntary  cohabitation 
of  the  parties,  shall  be  deemed  void  without  any  decree  of 
divorce. 

A  sentence  to  imprisonment  for  life,  of  either  party,  dis 
solves  the  marriage,  without  any  decree  of  divorce. 

[For  grounds  for  granting  a  divorce,  see  note  to  this 
chapter.] 

During  the  pending  of  a  suit  for  divorce,  the  Court  has 
power  to  make  such  order  concerning  the  care  and  custody  of 
the  minor  children  and  for  the  support  of  the  wife  by  the  hus 
band  as  shall  seem  suitable  and  proper;  and  when  a  decree  is 
granted,  the  Court  makes  such  order  as  to  the  future  care  of 
the  children  and  support  of  the  wife  as  shall  appear  just  and 
proper  under  all  the  circumstances. 

When  the  marriage  is  dissolved,  on  account  of  the  im 
prisonment  of  the  husband,  adult. TV  by  th.-  husband,  miscon 
duct,  or  habitual  drunk. Min.->>  <»f  the  husband,  the  wife  shall  be 
entitled  to  her  dower  in  his  lands,  the  same  as  if  he  were  dead. 


GOVERNMENT    OF    MICHIGAN.  121 

The  Court  has  power  to  grant  a  divorce  from  bed  and 
board,  without  dissolving  the  marriage,  in  cases  where  the 
ground  of  complaint  is  extreme  cruelty,  or  the  neglect  of  the 
husband  to  support  the  wife. 


Questions — At  what  age  ma}'  parties  contract  marriage?  Who 
shall  not  intermarry ?  Who  may  solemnize  marriages?  What  exam 
ination  is  required  ?  How  many  witnesses  are  required  ?  What  is  said 
of  certificates  and  records  of  marriages  ?  What  is  required  of  Super 
visors  and  Assessors  with  reference  to  statements  of  births  and  deaths? 
What  is  said  of  the  care  and  support  of  minor  children,  and  of  the 
wife,  in  divorce  cases?  For  what  cause  may  a  divorce  from  bed  and 
board  only,  be  granted? 

NOTE.-  -The  following  are  recognized  by  our  statute  as  grounds  for  granting  a 
•divorce,  to  the  aggrieved  party:  Adultery;  physical  incompetency ;  sentence  of  one 
of  the  parties  to  imprisonment  for  three  years  or  more;  when  either  party  shall 
desert  the  other  for  a  term  of  two  years;  when  either  party  shall  have  become  an 
habitual  drunkard.  And  the  Court  may,  in  its  discretion,  grant  a  decree  of  divorce 
for  the  cause  of  extreme  cruelty,  or,  on  the  complaint  of  the  wife,  where  the  hus 
band  neglects  or  refuses  to  support  her,  being  able  to  furnish  such  support.  The 
Court  will  not  grant  a  divorce  to  a  party  who  is  shown  to  be  guilty  of  the  same 
crime  or  misconduct  charged  against  the  defendant. 


CHAPTER   LIT. 

OF     THE     DOMESTIC     RELATIONS,     CONTINUED HUSBAND     AND 

WIFE RIGHTS    OF    MARRIED    WOMEN. 

It  is  the  duty  of  the  husband  to  maintain  and  support  his 
wife;  and  in  case  he  abandon  her  and  leave  the  State  without 
sufficient  provision  for  her  support,  the  Probate  Court  may 
authorize  her  to  sell  his  personal  property,  and  collect  moneys 
or  other  property  due  and  belonging  to  him,  and  to  use  the 
same  as  her  own. 


122  GOVERNMENT    OF    MICHIGAN*. 

A  married  woman  may  dispose  of  her  property  the  same 
as  if  she  were  unmarried,  and  may  make  and  enforce  contracts 
for  the  purchase  or  sale  of  property.  Her  property  is  not  lia 
ble  for  the  debts  of  her  husband.  She  mav  sue  and  be  sued, 
in  relation  to  her  separate  property,  without  joining  her  hus 
band  in  such  suit;  and  may  carry  on  business  in  her  own  name. 

While  the  husband  is  liable  for  the  support  of  his  wife, 
that  is,  for  necessaries  furnished  her,  he  is  not  liable  upon  her 
contracts  for  other  things. 

The  wife  may  mortgage  her  property  to  secure  a  debt  of 
her  own,  or  that  of  another  person,  but  a  note  signed  by  her 
as  surety,  cannot  be  enforced  against  her.  She  may,  however, 
buy  goods  for  use  in  her  husband's  family,  and  be  liable 
therefor,  provided  the  goods  were  purchased  with  the  under 
standing  that  she  should  pay  for  them.  She  may  insure  her 
life  for  the  benefit  of  her  husband,  or  her  husband's  life  for 
her  own  benefit. 

A  mortgage,  given  by  the  husband,  upon  the  homestead, 
or  other  property  exempt  by  law  from  sale  or  execution,  is 
invalid  unless  signed  by  the  wife. 

Where  property  of  the  husband  has  been  taken  from  him 
on  a  mortgage,  invalid  for  want  of  her  signature,  or  upon  an 
execution,  where  the  property  was  not  subject  to  levy,  the 
wife  may  bring  suit  to  recover  the  same,  in  her  own  name. 

The  widow  of  every  deceased  person  is  entitled  to  dower, 
or  the  use,  during  her  natural  life,  of  one-third  part  of  all  the 
lands  whereof  her  husband  was  seized  of  an  estate  of  inheri 
tance^  at  any  time  during  the  marriage,  unless  she  has  conveyed 
the  same  away,  or  unless  she  has  entered  into  an  agreement  to 
accept  a  certain  consideration  in  lieu  of  dmv»-r. 

Provision  is  made  bv  law,  for  an  allowance  out  of  the 
husband's  personal  estate  for  the  support  of  the  widow  and 
children,  until  such  estate  can  be  settled. 


GOVERNMENT    OF    MICHIGAN. 

Questions — What  is  required  of  a  married  man  as  to  the  support 
of  his  wife  ?  In  case  he  abandons  her,  what  provision  is  made  by  law 
as  to  her  support?  What  rights  has  a  married  woman  concerning 
property  and  the  making  of  contracts  ?  With  reference  to  suits  ?  For 
what  is  the  husband  not  liable  ?  What  is  said  of  her  right  to  be  surety 
for  another  ?  Of  her  liability  for  goods  furnished  to  her  for  the  family '? 
Of  her  right  to  insure  the  life  of  herself  or  husband?  What  mort 
gages  are  invalid  without  her  signature  ?  What  property  of  her  hus 
band  may  she  recover  by  suit?  What  is  said  of  dower?  Of  an  allow 
ance  out  of  the  personal  property  of  a  deceased  husband  ? 


CHAPTER  LIIL 
THE  INTERNAL  POLICE  OF  THE  STATE. 


OF    DISORDERLY   PERSONS WHO   REQUIRED    TO    GIVE    SECURITY 

FOR   GOOD   BEHAVIOR. 

All  persons  who  run  away,  or  threaten  to  run  away,  who, 
being  of  sufficient  ability,  refuse  or  neglect  to  support  their 
families,  or  leave  their  wives  or  children  a  burden  on  the  pub 
lic;  all  persons  pretending  to  tell  fortunes,  or  where  or  with, 
whom  lost  or  stolen  goods  may  be  found  ;  all  common  pros 
titutes  ;  all  keepers  of  bawdy  houses,  or  houses  for  the  resort 
of  prostitutes  ;  all  drunkards,  tipplers,  gamesters,  or  other 
disorderly  persons  ;  all  persons  who  have  no  visible  calling  or 
business  to  maintain  themselves  by,  or  who  do,  for  the  most 
part,  support  themselves  by  gaming ;  all  jugglers^  common 
showmen,  and  mountebanks,  who  exhibit  or  perform  for  profit, 
any  puppet  shows,  wire  or  rope  dancing,  or  other  idle  shows> 
acts  or  feats ;  all  persons  who  keep  in  any  highway,  or  any 
public  place,  any  gaming  table,  wheel  of  fortune,  box,  machine*. 


124  GOVERNMENT    OF    MICHIGAN. 

instrument,  or  device  for  the  purpose  of  gaining;  all  persons 
who  go  about  with  such  table,  wheel  of  fortune,  box,  machine, 
instrument,  or  device,  exhibiting  tricks  or  gaming  therewith  ; 
all  persons  who  play  in  the  public  streets  or  highways,  with 
cards,  dice,  or  any  instrument  or  device  for  gaming  ;  and  all 
vagrants  shall  be  deemed  disorderly  persons,  and  may  be 
required  to  furnish  security  for  their  good  behavior,  for  not 
less  than  sixty-five  days,  nor  more  than  one  year  thereafter ; 
and  in  case  of  failure  to  furnish  such  security,  shall  be  com 
mitted  to  jail,  until  discharged  according  to  law.  Such  per 
sons  may  be  discharged  from  confinement  on  furnishing  the 
security  required  ;  or,  the  Circuit  Court  may  discharge  such 
person  if,  in  the  judgment  of  the  Court,  the  circumstances  of 
the  case  warrant  it,  without  such  security  ;  or  may  authorize 
the  Superintendents  of  the  Poor  to  bind  out,  as  servants  or 
-apprentices,  such  disorderly  persons  as  are  under  twenty-one 
years  of  age,  until  they  reach  the  age  of  twenty-one  years. 
The  Circuit  Court  may  also  order  disorderly  persons  to  be 
kept  at  hard  labor  for  any  time  not  exceeding  six  months. 

Que*tioH8— Who  are  deemed  disorderly  persons  ?  What  maybe 
required  of  them?  In  case  of  a  failure  to  furnish  security  for  good 
behavior,  what  may  he  done  with  them?  What  authority  has  the  Cir 
cuit  Court  in  such  cases  ? 


CHAPTER  LIV. 

OF     THE     OBSERVANCE     OF    THE    SABBATH GAMING     AND     THE 

I'ENAI.TIES    THKKEFOR. 

The  law  provides  that  any  person  who,  on  the  first  day  of 
the  week,  shall  engage  in  any  business  or  labor,  except  works 


GOVERNMENT    OF    MICHIGAN.  125- 

of  necessity  or  charity,  or  who  shall  attend  any  dancing  or  at 
any  public  diversion,  show  or  entertainment,  or  take  part  in 
any  sport,  game  or  play,  shall  be  punished  by  a  fine  of  not 
exceeding  ten  dollars,  for  each  offense. 

Hotel-keepers  shall  not,  under  a  penalty  of  five  dollars, 
permit  persons,  other  than  their  guests,  to  remain  upon  their 
premises  on  the  Sabbath. 

No  civil  suits  can  be  commenced,  nor  can  courts  be  held 
on  the  Sabbath. 

Persons  who  intentionally  interrupt  or  disturb  any  assem 
bly  of  people  met  for  the  purpose  of  worshiping  God,  shall 
be  punished  by  a  fine  of  not  less  than  two  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days. 

Agreements  made  on  the  Sabbath  are  void.  Persons  who 
conscientiously  believe  that  the  seventh  day  of  the  week  (Sat 
urday)  ought  to  be  observed  as  the  Sabbath,  and  actually 
refrain  from  secular  business  and  labor  on  that  day,  shall  not 
be  liable  to  the  penalties  prescribed  for  performing  secular 
business  or  labor  on  the  first  day  of  the  week,  provided  they 
disturb  no  other  persons. 

Gaming. — If  any  person,  by  playing  at  any  game  of 
chance,  or  by  betting,  lose  to  any  person  so  betting  or  play 
ing,  any  money  or  goods,  he  may  recover  the  same,  or  the 
value  thereof,  in  an  action  for  that  purpose.  If  the  person 
losing  the  money  or  goods  does  not,  within  three  months  after 
his  loss,  sue  for  the  same,  the  winner  is  subject  to  a  fine  not 
exceeding  three  times  the  value  of  the  money  or  goods  lost. 

If  any  person  shall  win  or  lose  at  any  time  or  sitting,, 
by  gaming  or  betting  on  the  hands  or  sides  of  such  as  are 
gaming,  any  money  or  goods  of  the  value  of  five  dollars  or 
more,  whether  the  same  be  paid  over  or  not,  shall  forfeit  and 
pay  three  times  the  value  of  such  money  or  goods.  All  notes, 


126  GOVERNMENT    OF    MICHIGAN. 

bonds,  mortgages  or  conveyances  in  which  the  consideration, 
in  whole  or  in  part,  is  for  money  or  goods  won  by  gaming  or 
betting,  are  void,  except  as  to  those  who  hold  or  claim  under 
them  in  good  faith,  and  without  notice  of  the  illegality  of  such 
contract  or  conveyance. 

Persons  who  keep,  or  knowingly  permit  to  be  kept,  in 
any  house,  building,  yard  or  garden  which  he  occupies,  any 
table  for  the  purpose  of  playing  at  billiards  for  hire,  gain  or 
reward,  or  permit  persons  to  resort  to  such  place  for  the  pur 
pose  of  playing  at  billiards,  nine-pins  or  other  like  game,  cards 
or  dice,  or  any  other  unlawful  game,  shall  forfeit  a  sum  not 
exceeding  one  hundred  dollars,  and  give  security  that  he  will 
not  be  guilty  of  any  offense  against  the  chapter  of  the  statute 
to  compel  the  observance  of  the  Sabbath  and  to  prevent 
gaming. 

Persons  playing  at  such  games,  at  such  tables  or  alleys, 
thereby  forfeit  a  sum  not  less  than  two  nor  more  than  ten  dol 
lars  for  each  offense. 

Questions—  What  acts  are  prohibited  on  the  first  day  of  the  week? 
What  is  said  of  hotel  keepers  ?  What  of  agreements  made  on  the  Sab 
bath?  What  exception  as  to  labor  on  the  Sabbath  is  made  ?  Incase 
money  or  goods  shall  be  lost  by  playing  at  games  of  chance  or  betting, 
how  may  the  same  be  recovered  ?  How  and  under  what  circumstances 
may  the  winner  or  loser  be  punished  ?  What  is  said  of  the  validity  of 
securities  or  conveyances  given  for  moneys  or  goods  won  by  betting  or 
at  games  of  chance  ? 


GOVERNMENT    OF    MICHIGAN.  127 


CHAPTER   LV. 


THE   LAW   OF     THE     KOAD CONDUCT     OF     DRIVERS DESTRUC 
TION    OF    TIMBER    MARKS. 

Whenever  persons,  traveling  with  a  team,  meet  each 
other  on  any  road  or  bridge,  each  person  is  required  to  drive 
to  the  right  of  the  middle  of  the  traveled  part  of  the  road  or 
bridge.  A  failure  to  do  this,  subjects  the  person  so  failing, 
to  a  penalty  not  exceeding  twenty  dollars,  and  to  the  payment 
of  whatever  damages  a  party  may  sustain  by  reason  of  such 
failure. 

No  hack  or  stage  proprietor  is  allowed  to  keep  a  driver 
who  is  in  the  habit  of  using  intoxicating  liquors  to  excess; 
and  for  so  doing  he  is  liable  to  a  penalty  of  five  dollars  a  day 
for  the  time  he  retains  him  in  his  service. 

If  such  driver  is  intoxicated  while  driving  a  coach,  stage, 
hack  or  omnibus,  it  is  the  duty  of  the  proprietor  to  discharge 
him  as  soon  as  notified  of  the  fact  by  any  passenger,  under 
oath,  and  in  writing,  who  witnessed  the  same;  and  a  failure  to 
discharge  such  driver,  subjects  the  proprietor  to  a  penalty  of 
five  dollars  per  day  so  long  as  he  shall  keep  him. 

If  a  driver  of  a  carriage  for  the  conveyance  of  passen 
gers  for  hire,  intentionally  causes  or  permits  his  horses  to  run 
away,  whether  any  person  be  in  the  carriage  or  not,  he  is 
liable  to  a  fine  not  exceeding  one  hundred  dollars,  or  impris 
onment  in  the  county  jail  not  exceeding  thirty  days,  or  both, 
at  the  discretion  of  the  Court.  If  such  driver  shall  leave  his 
horses  while  attached  to  a  carriage  in  or  on  which  any  passen 
ger  may  be  at  the  time,  without  some  suitable  person  to  take 


128  10VERXMEXT    OF    MICHIGAN. 

charge  of  them,  he  shall  forfeit  a  sum  nut  exceeding  twenty 
dollars. 

Proprietors  of  public  conveyances  are  liable  to  persons 
injured,  for  the  misconduct  of  the  driver,  while  in  the  employ 
ment  of  such  proprietor. 

Destruction  of  Timber  Marks.  —  Whoever  shall  unlaw 
fully  cut  out,  alter,  or  destroy  any  mark  of  the  owner,  made  on 
any  logs,  timber  or  lumber,  put  into  any  lake,  stream,  or  pond, 
shall  forfeit  a  sum  not  exceeding  ten  dollars,  for  each  log, 
stick  of  timber,  or  piece  of  lumber,  the  mark  of  which  he 
shall  have  so  altered,  cut  or  destroyed,  and  shall  be  liable  to- 
the  party  injured  in  three  times  the  amount  of  the  damage. 

Whoever  takes,  without  the  consent  of  the  owner,  logs, 
timber,  boards,  or  planks,  floating  in  any  of  the  waters  of  this 
State,  or  lying  on  the  banks  or  shores,  or  on  any  island  on 
which  they  shall  have  drifted,  is  liable  to  the  owner  in  three 
times  the  amount  of  the  damages  ;  but  if  they  shall  have 
remained  there  for  two  years,  without  the  owner's  having  paid 
the  owner  of  the  land,  or  offered  to  pay  him  the  damages 
occasioned  by  reason  of  their  lying  on  his  land,  and  whatever 
damages  he  would  sustain  by  their  removal,  they  become  the 
property  of  the  land-owner. 

(Jitcxtions  —  What  dors  the  law  require  of  persons  driving  teams 
on  the  highways,  when  meeting  each  other?  What  is  the  penalty  for 
stage  proprietors  retaining  in  their  employ  intemperate  drivers?  What 
is  said  with  reference  to  hitching  or  fastening  horses  attached  to  public 
conveyances?  Who  are  liable  for  injuries  occasioned  by  misconduct 
of  drivers?  What  is  said  of  the  destruction  of  certain  timber  marks? 
What  is  said  with  reference  to  logs,  timber  and  lumber  that  may  float 
upon  the  lauds  of  any  person  ? 


GOVERNMENT    OF    MICHIGAN.  129 


CHAPTER    LVI. 


LOST    GOODS   AND    STRAY    BEASTS. 

Any  person  finding  lost  goods  is  required  immediately  to 
give  notice  to  the  owner,  if  known.  If  not,  and  the  goods 
are  worth  three  dollars  or  more,  he  must,  within  two  days, 
post  notices  in  two  public  places  within  the  township  where 
the  property  was  found,  and  within  seven  days  give  written 
notice  to  the  Town  Clerk,  and  pay  him  twenty-five  cents  for 
making  an  entry  thereof  in  a  book  kept  for  that  purpose. 

If  the  value  of  the  goods  be  ten  dollars  or  more,  notice 
must  also  be  published  within  a  month,  in  a  newspaper  of  the 
county,  if  there  be  one,  and  if  not,  then  in  a  newspaper  of  an 
adjoining  county,  for  six  weeks. 

Any  resident  freeholder  of  any  township,  may  take  up  any 
stray  horses,  mules,  or  asses,  going  at  large  beyond  the  range 
where  they  usually  run  at  large  ;  and  may  also  take  up, 
between  the  months  of  November  and  March,  stray  cattle, 
sheep,  or  swine. 

Such  finder  is  required  to  give  immediate  notice  to  the 
owner,  if  known.  Pie  must,  within  ten  days,  have  notice 
thereof  entered  in  the  Township  Clerk's  book,  giving  the 
color,  age  and  marks  of  the  animals,  as  near  as  may  be, 
together  with  the  name  and  place  of  residence  of  the  finder, 
and  pay  the  Clerk  fifty  cents.  The  Clerk  sends  a  copy  of  the 
notice  to  the  County  Clerk. 

If  the  owner  does  not  appear   within    one   month,   and 
claim  his  property,  and  the  animals  taken   up  shall  be  worth 
more  than  ten  dollars,  the  finder  is  required  to  advertise  as  in 
case  of  lost  goods. 
8 


130  GOVERNMENT    OF    MICHIGAN 

The  finder  of  lost  goods  or  stray  animals,  of  the  value  of 
ten  dollars  or  more,  must,  within  three  months,  procure  an 
appraisal  of  the  property  to  be  made,  and  certified  by  a  Jus 
tice  of  the  Peace,  which  shall  be  iiled  with  the  Clerk. 

If  the  owner  of  lost  goods  at  any  time  within  one  year, 
claims  his  property,  he  is  entitled  to  it,  or  its  value,  on  paying 
all  costs  and  charges,  together  with  a  reasonable  comjyema- 
tion  to  the  tinder  for  keeping  and  taking  care  of  it,  and  for 
his  traveling  expenses,  to  be  determined  by  a  Justice  of  the 
Peace,  if  the  parties  fail  to  agree. 

If  no  owner  appears,  in  one  year,  the  lost  money  or  goods 
shall  belong1  to  the  finder,  he  paying  one-half  their  value  to 
the  Township  Treasurer. 

If  the  owner  of  such  stray  beasts  appears  in  six  months, 
and  pays  all  lawful  charges,  he  is  entitled  to  them  ;  but  if  not, 
they  must  be  sold  at  auction  by  a  constable,  he  first  giving 
notice  thereof  in  writing,  by  posting  the  same  in  three  pub 
lic  places  in  the  township,  and  the  moneys  realized,  after 
paying  costs  and  charges,  is  to  be  deposited  in  the  treasury  of 
the  township. 

If  the  owner  appears  within  one  year  after  the  entry  of 
the  notice  with  the  Town  Clerk,  he  is  entitled  to  the  money 
deposited  with  the  Treasurer,  but  if  he  shall  not  so  appear, 
the  money  belongs  to  the  township. 

If  the  person  finding  property  or  taking  up  strays  shall 
fail  to  give  the  required  notices,  and  shall  fraudulently  appro 
priate  the  property  to  his  own  use,  he  is  subject  to  a  penalty 
of  not  less  than  ten  nor  more  than  fifty  dollars,  and  to  be 
imprisoned  in  the  county  jail  until  the  fine  be  paid,  not 
exceeding  ninety  days. 

If  a  person  shall  unlawfully  take  away  any  animal  taken 
up  as  a  stray,  without  having  first  paid  the  charges,  he  is 
liable  to  the  finder  for  the  full  value  of  the  property. 


GOVERNMENT    OF    MICHIGAN.  131 

—  What  is  the  duty  of  persons  finding  lost  goods? 
What  is  his  duty  if  the  goods  exceed  in  value  three  dollars?  Where 
they  exceed  ten  dollars  ?  Who  may  take  up  stray  beasts  ?  When  may 
cattle,  sheep, and  swine  be  taken  up  ?  What  is  required  of  the  finder  of 
stray  animals  ?  When  may  the  owner  of  lost  goods  reclaim  them  ?  On 
what  terms  ?  If  the  owner  does  not  appear,  to  whom  does  the  prop 
erty  belong?  How  and  when  may  the  owner  of  stray  beasts  reclaim 
them  ?  If  the  owrner  does  not  appear  in  six  months,  what  is  done  with 
stray  animals?  What  is  done  with  the  money  ?  When  and  how  may 
the  owner  procure  the  money  deposited  with  the  Treasurer?  If  the 
owner  fails  to  appear  within  one  year,  to  whom  does  the  money 
belong?  What  is  the  penalty  where  the  finder  of  goods  appropriates 
them  to  his  own  use,  fraudulently,  without  giving  the  required  notice? 
In  case  a  person  takes  away  an  animal  taken  up  as  a  stray,  without 
having  first  paid  the  charges,  what  is  his  liability? 


CHAPTER   LVII. 


RUNNING    AT     LARGE     OF     ANIMALS UNCLAIMED    PROPERTY 

THEATRICAL      EXHIBITIONS     AND      SHOWS GUNPOWDER 

DOGS SHEEP. 

By  a  law  passed  in  1807,  the  Board  of  Supervisors  of  anv 
county  may  pass  a  resolution  prohibiting  the  running  at  large 
of  horses,  cattle,  sheep  and  swine.  In  those  counties  where 
such  resolution  has  been  passed,  it  is  lawful  for  any  person  to 
seize  and  take  into  his  possession  any  animal  which  may  be 
trespassing  upon  his  premises,  or  which  may  be  in  any  public 
highway,  and  opposite  the  land  owned  or  occupied  by  him, 
contrary  to  such  resolution.  The  person  making  such  seizure 
is  required  to  notify  a  Justice  of  the  Peace  or  Highway  Com 
missioner  of  the  fact.  The  officer  thus  notified  posts  notices 
advertising  the  public  sale  of  such  animals  in  sixty  days. 


132  GOVERNMENT    OF    MICHIGAN. 

After  paying  the  costs  and  charges,  the  surplus  moneys  arising 
from  the  sale  are  kept  for  the  owner,  and  if  he  calls  for  them 
within  one  year,  they  are  paid  over  to  him  ;  if  not,  they  belong 
to  the  township.  If  the  owner  so  desires,  he  may  redeem  the 
animal  at  any  time  within  a  year  after  the  sale,  by  paying 
all  costs  and  charges,  and  a  reasonable  compensation  for  keep 
ing  such  animal. 

At  any  time  before  the  sale  of  the  animal,  the  owner  may 
have  the  possession  of  such  animal,  on  paying  the  costs  and 
charges  provided  for  by  law. 

The  owner  of  any  bull,  stallion,  boar,  or  ram,  is  subject 
to  a  fine  of  five  dollars  for  allowing  such  animals  to  run  at 
large. 

Unclaimed  Property.  —  Whenever  personal  property  is 
sent  to,  or  left  with  warehouse-keepers,  or  to  the  keeper  of 
any  depot,  it  is  the  duty  of  the  person  receiving  and  having 
charge  of  the  same,  to  enter  in  a  book  the  description  and 
time  of  receiving  such  goods. 

If  such  goods  were  not  left  to  be  forwarded  or  otherwise 
disposed  of,  according  to  directions,  the  person  having  them 
in  charge  is  required  to  notify  the  owner,  if  his  residence  be 
known,  by  letter. 

In  case  such  property  is  not  claimed  in  three  months,  it 
is  advertised  for  four  weeks,  the  notice  stating  that  unless 
such  property  shall  be  claimed  within  three  months  from  the 
first  publication  of  such  notice,  and  the  lawful  charges  paid, 
they  will  be  sold.  If  not  claimed,  a  Justice  of  the  Peace 
orders  a  Constable  to  sell  the  goods.  The  Constable,  after 
making  the  sale,  returns  the  money  to  the  Justice,  who  pays 
the  charges  and  expenses  of  the  sale,  and  pays  over  to  the 
County  Treasurer  the  surplus  moneys,  where  the  person  whose 
goods  were  sold  may  get  them  at  any  time  within  five  years,. 


GOVERNMENT    OF    MICHIGAN.  133 

If  not  claimed  in  five  years,  the  County  Treasurer  pays  them 
over  into  the  State  Treasury  for  the  use  of  the  State. 

Theatrical  Exhibitions  and  Shows. — Township  or  village 
boards  have  authority  to  license  theatrical  exhibitions,  public 
shows,  and  such  other  exhibitions  as  they  deem  proper,  to 
which  admission  is  obtained  on  payment  of  money,  upon  such 
terms  and  conditions  as  they  shall  think  reasonable,  and  may 
regulate  the  same  as  they  shall  think  necessary  for  the  pres 
ervation  of  order. 

Any  person  who  shall  set  up  or  promote  any  such  exhibi 
tion  or  show  without  a  license,  or  contrary  to  the  terms  of 
such  a  license,  may  be  fined  a  sum  not  exceeding  two  hun 
dred  dollars. 

Gunpowder.  —  The  inhabitants  of  incorporated  villages  or 
townships,  at  any  regular  meeting,  may,  by  resolution,  order 
that  no  gunpowder  shall  be  kept  in  the  township  or  village, 
unless  in  tight  casks  or  canisters  ;  and  that  not  over  fifty 
pounds  shall  be  kept  in  any  building,  ship  or  vessel,  within 
twenty-five  rods  of  any  other  building  or  wharf ;  not  over 
twenty-five  pounds  within  ten  rods  of  any  other  building;  and 
that  not  over  one  pound  shall  be  kept  in  any  building  within 
ten  rods  of  any  other  building,  unless  it  be  secured  in  copper, 
tin,  or  brass  canisters,  holding  not  exceeding  five  pounds  each, 
and  closely  covered  with  copper,  brass,  or  tin  covers.  A  vio 
lation  of  this  provision  subjects  the  offender  to  a  fine  not 
exceeding  twenty  dollars  ;  but  the  law  is  not  designed  to 
apply  to  the  manufacturer  of  powder,  nor  to  prevent  carrying 
it  through  the  township. 

Dog  Licenses.  —  The  Legislature  of  1873,  passed  an  act 
to  provide  for  the  licensing  and  keeping  of  dogs.  By  this  act, 
the  owner  or  keeper  of  every  male  dog  must  pay  to  the  City 
•or  Township  Clerk  a  license  of  one  dollar  ;  for  every  female 


134  GOVERNMENT    OF    MICHIGAN. 

dog,  three  dollars.  These  licenses  run  until  the  first  of  April, 
next  following  their  date.  During  the  continuance  of  the 
license,  the  owner  is  required  to  keep  a  collar  on  the  dog's 
neck,  distinctly  marked  with  the  owner's  name. 

The  moneys  raised  from  licenses  constitute  a  fu:. 
the  payment  of  damages  which  persons  may  sustain   bv  the 
killing  or  wounding  of  sheep  or  lambs,  by  dogs. 

Whoever  keeps  a  dog  without  a  license  and  collar  is  sub 
ject  to  a  forfeiture  of  ten  dollars. 

It  is  the  duty  of  Constables  and  Policemen  to  kill  all. 
dogs  found  not  licensed  and  collared. 

From  this,  it  would  seem  that  dogs  are  not  "  entitled  to 
life,  liberty,  and  the  pursuit  of  happiness,"  unless  they  hap 
pen  to  belong  to  some  one  able  to  license  and  collar  them. 

jShet-p.  —  Any  person  who  shall  knowingly  bring  into  this 
State,  sheep  having  any  contagious  disease,  is  subject  to  a 
penalty  of  not  less  than  fifty  dollars,  and  on  failure  to  pay  the 
same,  may  be  imprisoned  in  the  county  jail  not  exceeding 
three  months  ;  and  a-ny  person  who  shall  allow  his  sheep  to 
run  at  large,  on  the  highway,  knowing  them  to  have  a  conta 
gious  disease,  is  subject  to  a  penalty  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars  ;  and  in  default  of  payment 
may  be  imprisoned  in  the  County  Jail  not  to  exceed  three 
months. 


Questions  —  In  thorc  counties  where  cuttle,  horses,  sheep  and 
swine  are  prohibited  from  running  at  large,  what  pruvLxion  is  made 
for  seizing  such  animals  when  at  largf?  What  proceedings  are  had 
to  effect  a  sale  of  such  animals?  What  is  done  with  the  proceeds  of 
the  sale?  May  the  owner  redeem  the  animals  when  sold?  On  what 
terms  may  the  owner  procure  the  possession  of  animals  seized,  for 
running  at  large  contrary  to  law?  What  are  warehousemen  and  other 
bailees  required  to  do  in  regard  to  property  consigned  to  them  ?  Under 
what  circumstances  may  such  goods  be  sold  ?  How.  are  such  sules- 


GOVERNMENT    OF    MICHIGAN".  135 

effected  ?  What  disposition  is  made  of  the  moneys  arising  from  the 
sale?  What  powers  have  township  and  village  boards  with  reference 
to  theatrical  exhibitions  and  shows?  What  is  the  penalty  for  setting 
up  or  promoting  such  shows  or  exhibitions  without  a  license,  or  con 
trary  to  the  terms  of  such  license  ?  What  regulations  may  the  inhabi 
tants  of  townships  and  villages  make  concerning  the  keeping  of  gun 
powder?  What  can  you  say  in  reference  to  the  dog-license  law? 
What  is  the  penalty  for  importing  diseased  sheep  ?  For  allowing  such 
sheep  to  run  at  large  in  the  highways  ? 


CHAPTER     LVIII. 


LAWS   FOR   THE    PROTECTION    OF    FISH. 

It  is  unlawful  to  put  into  any  of  the  waters  of  the  State, 
where  fish  are  taken,  any  offal,  blood,  putrid  brine,  putrid  fish, 
or  filth  of  any  description.  The  penalty  for  a  violation  of 
this  law,  is  a  fine  not  exceeding  three  hundred  dollars,  or 
imprisonment  not  exceeding  thirty  days,  or  both,  at  the  discre 
tion  of  the  Court. 

All  fish,  offal,  or  filth  accruing  from  the  catching  and 
curing  of  fish,  must  be  burned  or  buried  ten  rods  distant  from 
the  beach  or  shore  of  the  river  or  lake. 

The  spawn  taken  from  all  whitefish  caught  shall  be  forth 
with  deposited  in  the  waters  near  the  spawning  places  from 
which  the  fish  were  taken. 

For  a  violation  of  the  provisions  of  law  mentioned  in 
either  of  the  last  two  paragraphs,  the  offender  is  subject  to  a 
penalty  of  not  more  than  one  hundred  dollars,  nor  less  than 
twenty-five  dollars  and  costs,  or  to  imprisonment  in  the  County 
Jail  for  a  period  not  exceeding  thirty  days,  or  both,  at  the  dis 
cretion  of  the  Court. 


136  GOVERNMENT    OF    MICHIGAN. 

The  Boards  of  Supervisors  of  the  several  counties  have 
the  power  to  make  rules  and  regulations  lor  falling  with  nets 
and  all  manner  of  fishing  tackle,  in  those  counties  where  the 
law  does  not,  by  express  terms  or  by  reasonable  implication, 
deprive  them  of  this  power. 

The  Boards,  except  in  those  counties  referred  to  in  the 
preceding  paragraphs,  and  to  which  reference  will  be  made 
hereafter,  are  authorized  and  required  to  grant,  on  the  appli 
cation  of  any  transient  or  non-resident  person  or  persons,  a 
written  permission  or  license  for  one  year,  for  each  and  every 
pound  or  trap  net  used,  on  payment  of  fifty  dollars. 

A  law  was  passed  in  1867,  to  prevent  fishing  with  seines 
and  every  kind  of  continuous  nets,  in  the  waters  of  the  coun 
ties  of  Branch,  Livingston,  Cass,  St.  Joseph,  Kent,  Ionia,  Gen- 
esee,  and  Calhoun,  or  in  any  of  the  lakes,  rivers,  or  streams  of 
Macomb  county,  under  a  penalty  of  not  more  than  one  hun 
dred  dollars,  or  imprisonment  in  the  County  Jail  not  more  than 
sixty  days,  to  be  determined  by  the  Court.  A  similar  act  was 
passed  in  1805  with  reference  to  fishing  in  the  counties  of 
Jackson,  Hillsdale,  \Vashtenaw,  Van  Buren,  Calhoun,  Kalama- 
zoo,  Barry,  Eaton,  and  the  townships  of  Kollin,  Medina,  Sen 
eca,  Dover,  Hudson,  Cambridge,  Franklin,  and  Woodstock,  in 
Lenawee  county.  At  the  same  session  of  the  Legislature,  an 
act  similar  to  the  foregoing  was  passed,  applying  to  all  the 
inland  lakes  or  small  streams  of  all  the  territory  of  the  State, 
according  to  the  United  States  survey,  north  of  the  township 
line  numbered  twenty,  north. 

The  law  makes  it  the  duty  of  the  owners  or  occupants  of 
mill-dams  to  construct  proper  ,</*"'•.<,  to  admit  the  passage  of 
fish  during  the  months  of  April,  May,  and  June.  A  failure  to 
do  this  subjects  the  person  in  deftn/ff  to  a  line  not  exceeding 
one  hundred  dollars,  or  imprisonment  in  the  County  Jail  not 
exceeding  ninety  days. 


GOVERNMENT    OF    MICHIGAN.  13? 

It  is  unlawful  for  any  person  to  place  a  vieir  dam,  fish 
weir,  or  weir  net,  across  any  race,  drain,  stream,  or  inland  river 
of  this  State,  so  as  to  obstruct  the  free  passage  of  fish  up  and 
down  the  same;  and  the  offender  is  subject  to  a  fine  of  not 
less  than  five  nor  more  than  fifty  dollars,  for  each  offense,  and 
also  to  the  payment  of  two  dollars  additional  penalty  for  every 
day  he  shall  continue  to  keep  up  such  fish  weir  or  weir  net, 
after  having  been  notified  by  any  elector  of  the  township 
wherein  such  fish  weir  or  weir  net  may  be,  feeling  himself 
aggrieved  thereby,  to  remove  the  same. 

By  the  provisions  of  an  act  passed  in  1873,  it  is  unlawful 
to  kill  at  any  time,  by  means  of  nets,  traps,  or  seines,  in  any 
inland  lake,  river,  or  stream,  or  by  any  other  means  between 
the  first  day  of  October  and  the  first  day  of  April  next  suc 
ceeding,  any  speckled  trout  or  grayling.  The  penalty  for  a 
violation  of  this  provision  is  a  fine  not  exceeding  one  hundred 
dollars,  nor  less  than  twenty-five  dollars,  or  imprisonment  in 
the  County  Jail  not  exceeding  thirty  days,  or  both,  at  the  dis 
cretion  of  the  Court,  At  the  same  session  an  act  was  passed, 
providing  "that  it  shall  not  be  lawful  hereafter,  at  any  time, 
to  fish  with  seines,  trap-nets,  pound-nets,  dip-nets,  or  any 
species  of  continuous  nets,  or  during  the  months  of  March, 
April,  May  and  June  by  spearing  or  shooting,  in  any  of  the 
waters  of  the  State  of  Michigan,  except  Lakes  Michigan, 
Superior,  Huron,  St.  Clair,  the  St.  Clair  and  Detroit  rivers, 
and  Lake  Erie  :  Provided,  Nothing  in  this  act  shall  be  con 
strued  as  prohibiting  sole  owners  of  fish  ponds  from  fishing 
therein,  as  they  may  think  proper." 

In  1873,  the  Legislature  passed  an  act  to  establish  a  Board 
of  Commissioners  to  increase  the  product  of  the  fisheries. 
This  Board  is  required  to  locate  a  State  fish-breeding  establish 
ment,  for  the  artificial  propagation  and  cultivation  of  white- 
fish,  and  such  other  kinds  of  the  better  class  of  food  fishes  as 


138  GOVERNMENT    OF    MK'HMAN. 

they  may  direct.     The  duties  of  this  Board  have  been  referred 
to  in  a  preceding  chapter. 

Questions— What  materials  shall  not  be  put  into  the  waters  of  this 
State,  where  tish  are  taken  ?  What  is  the  penalty  for  violating  this 
provision?  What  must  be  done  with  offal,  etc  ,  which  accrues  from 
the  catching  and  curing  of  fish  ?  What  must  be  done  with  the  spawn, 
in  certain  cases?  What  is  the  penalty  for  refusing  or  neglecting  to 
dispose  of  the  offal,  etc.,  and  of  the  spawn,  as  directed  ?  What  powers 
have  Boards  of  Supervisors  in  relation  to  fishing?  What  is  said  of  the 
law  of  1867?  Of  the  acts  of  1865?  What  is  said  of  the  construction 
of  shutes  ?  Of  weir  dams  and  weir  nets  ?  Of  the  several  acts  of  1873  ? 
What  is  said  of  the  act  of  1873,  with  reference  to  a  Board  of  Fish 
Commissioners  ? 


CHAPTER   LIX. 

OF    THE    PROTECTION    OF    GAME,    SONG    BIRDS,    AND    MUSK-RATS. 

It  is  provided  by  law  that  no  person  or  persons  shall  pur 
sue,  or  hunt,  or  kill  any  wild  elk,  wild  buck,  doe,  or  fawn,  save 
only  during  the  months  of  October,  November,  and  December 
in  each  year;  or  kill  or  destroy  by  any  means  whatever,  or 
attempt  to  take  or  destroy  any  wild  turkey  at  any  time  during 
the  year,  except  in  the  months  of  September,  October,  Novem 
ber,  and  December  in  each  year;  or  kill  or  destroy,  by  any 
means  whatever,  any  woodcock  until  after  the  fifth  of  July; 
or  any  prairie  chicken,  or  pinnatrd  grouse,  ruffled  grouse, 
commonly  called  ]>:ir:rid«ro  or  pheasant,  or  any  wood  duck, 
teal  duck,  or  mallard  duck,  save  only  from  the  first  day  of 
September  in  each  year  to  the  first  day  of  January  next 
following 

It  is  also  provided  that  no  person  or  persons  shall  kill  or 


GOVERNMENT    OF    MICHIGAN.  139' 

destroy,  or  attempt  to  kill  or  destroy,  any  quail,  sometimes 
called  Virginia  partridge,  except  during  the  months  of  Octo 
ber,  November,  and  December  in  each  year. 

The  law  also  provides  that  no  person  shall  kill,  or  attempt 
to  kill,  any  wild  duck,  or  other  wild  fowl,  with  or  by  means  of 
a  swivel  or  punt  gun,  or  rob  or  destroy  the  nests  of  any  wild 
duck  or  wild  geese,  or  in  any  manner  kill  or  molest  the  same 
while  they  are  sitting  at  night  on  their  nesting  places. 

No  person  shall  sell,  or  expose  for  sale,  any  of  the  birds 
or  animals  protected  by  this  act,  after  the  expiration  of  thirty 
days  next  succeeding  the  times  limited  and  prescribed  for  the 
killing  of  any  such  birds  or  animals  :  Provided  however, 
That  it  shall  be  lawful  to  expose  for  sale,  and  to  sell,  any  live 
quail  foi  the  purpose  of  preserving  the  same  alive  through  the 
winter. 

Any  person  violating  any  of  the  foregoing  provisions,  is 
deemed  guilty  of  a  misdemeanor,  and  is  liable  to  a  penalty  of 
fifty  dollars  lor  each  offense,  and  on  conviction  thereof,  is  to 
be  committed  to  the  common  jail  until  such  penalty  is  paid; 
provided,  that  the  imprisonment  shall  not  exceed  thirty  days. 

All  persons  within  this  State  are  prohibited  from  killing 
any  robin,  night-hawk,  whippoorwill,  finch,  thrush,  lark,  sparrow, 
cherry-bird,  swallow,  yellow-bird,  blue-bird,  brown-thrasher, 
wren,  mattin,  oriole,  wood-pecker,  bobolink,  or  any  song  bird, 
and  from  robbing  the  nests  of  such  birds,  under  a  penalty  of 
five  dollars  for  each  bird  so  killed,  and  for  each  nest  robbed. 

Any  person  or  company  having  any  of  the  above  named 
birds  or  animals  in  their  possession  for  transportation,  or  who 
shall  transport  the  same,  after  the  expiration  of  thirty  days 
next  succeeding  the  times  limited  and  prescribed  for  the 
killing  of  such  birds  or  animals,  is  liable  to  be  punished  by  a 
fine  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars. 


140  GOVERNMENT    OF    MICHIGAN*. 

This  penalty,  however,  does  not  apply  to  the  transporta 
tion  of  quails  which  are  to  be  kept  alive  during  the  winter,  nor 
to  the  transportation  of  such  birds  or  animals  iti  transitu 
through  this  State  from  other  States,  where  it  is  lawful  to  kill 
them  at  the  time  of  such  transportation. 

All  persons  are  prohibited  from  using  guns  or  other  fire 
arms,  to  maim,  kill,  or  destroy  any  wild  pigeon  or  pigeons  at 
or  within  one  half  mile  of  the  place  or  places  where  they  arc 
gathered  in  bodies  for  the  purpose  of  brooding  their  young, 
known  as  pigeon  nestings;  and  no  person  shall  in  any  way 
maim,  kill,  or  destroy  any  wild  pigeon  or  pigeons  within  their 
roostings  any  where  within  the  limits  of  this  State;  and  any 
person  who  shall  violate  the  law  in  this  particular,  is  subject 
to  a  penalty  of  fifty  dollars,  with  costs  of  suit. 

Any  person  violating  any  of  the  provisions  of  this  act, 
may  be  prosecuted  before  any  Justice  of  the  Peace  of  the 
county  in  which  such  violation  is  alleged  to  have  taken  place, 
or  before  any  Court  of  competent  jurisdiction;  and  it  is  made 
oie  duty  of  all  Prosecuting  Attorneys  in  this  State  to  see  that 
the  provisions  of  this  act  are  enforced  in  their  respective 
counties,  and  to  prosecute  all  offenders,  on  receiving  informa 
tion  of  the  violation  of  any  of  the  provisions  of  this  act ;  and 
it  is  made  the  duty  of  Sheriffs,  Under- Sheriffs,  Deputy-Sher 
iffs,  Constables,  and  Police  officers,  to  inform  against  and 
prosecute  all  persons,  whom  there  is  probable  cause  to  believe 
are  guilty  of  violating  any  of  the  provisions  of  this  act. 

These  provisions  do  not  apply  to  any  person  who  shall  kill 
any  of  the  birds  or  animals  named,  for  the  sole  purpose  of  pre 
serving  them  as  specimens  for  scientific  purposes,  nor  to  any 
person  who  shall  collect  the  eggs  or  nests  of  any  bird  for  such 
scientific  purposes.  The  prosecution  in  any  such  case  is  not 
required  to  prove  that  the  killing  of  the  bird  or  animal,  or  the 


GOVERNMENT    OF    MICHIGAN.  141 

taking  of  the  nest  or  eggs,  as  the  case  may  be,  was  not  done 
for  scientific  purposes. 

All  prosecutions  under  this  act  must  be  brought  within  three 
months  from  the  time  the  offense  was  committed. 

The  statute  also  provides  against  the  destruction  of  musk- 
rats  and  musk-rat  houses  in  the  marshes,  along  the  shores  of 
Lakes  Erie,  St.  Clair,  Huron,  and  Michigan,  or  in  or  on  the 
banks  of  any  bayous  or  creeks  tributary  thereto,  between  the 
fifteenth  day  of  April  and  the  first  day  of  January,  under 
a  penalty  of  three  dollars  for  each  musk-rat  so  killed  or 
destroyed. 

Penalties  for  the  violation  of  this  act  may  be  sued  for  in 
the  name  of  the  people  of  the  State  of  Michigan,  before  any 
Justice  of  the  Peace  in  the  county  where  the  alleged  offense 
was  committed,  and  such  suit  shall  be  carried  on  in  the  same 
manner  as  prosecutions  for  other  misdemeanors.  Penalties 
are  to  be  paid  into  the  treasury  of  the  county  where  the  offense 
was  committed,  for  the  support  of  the  township  libraries  of 
the  county. 

It  is  provided  that  this  act  shall  not  be  so  construed  as  to 
prevent  the  catching  and  killing  of  any  animals  specified  in 
the  foregoing  sections,  where  there  is  danger  of  their  doing 
iniury  to  property,  either  public  or  private. 

Questions  —  What  is  said,  in  the  first  paragraph  of  this  lesson,  of 
the  killing,  pursuing,  or  hunting  of  certain  animals?  During  what 
months  may  these  animals  be  killed  ?  What  is  said  of  the  killing  of 
birds?  What  name  is  sometimes  given  to  the  quail?  During  what 
months  may  these  be  killed?  Why  this  provision?  What  is  meant 
by  a  swivel  or  punt  gun?  What  is  said  of  the  sale  of  these  birds  or 
animals  ?  What  exception  is  made  in  respect  to  the  sale  of  these  birds 
or  animals,  and  why  ?  What  penalty  is  attached  to  the  violation  of  this 
act?  What  song  birds  may  not  be  killed?  Is  the  penalty  the  same 
for  robbing  nests  as  killing  birds  ?  What  is  said  of  transporting  birds  ? 


142  GOVERNMENT    OF    MICHIGAN. 

What  is  the  penalty  for  violating  this  act?  What  exception  to  this 
penalty?  What  is  said  of  killing  or  destroying  pigeons?  What  are 
the  places  called  where  pigeons  brood?  What  is  the  penalty  for  kill 
ing  these  birds  or  destroying  their  nests?  What  is  thy  duty  of  the 
Prosecuting  Attorney  in  this  matter?  What  is  the  duty  of  other  offi 
cers  relative  to  such  prosecutions?  To  whom  do  these  provisions  not 
apply?  What  is  the  prosecution  not  required  to  prove?  Within  what 
time  must  prosecutions  be  brought  under  this  act?  What  is  the  law 
relative  to  the  destruction  of  musk-rats  ?  To  what  portions  of  the  State 
does  this  act  apply?  State  the  penalty  for  its  violation.  How  are 
such  penalties  secured  ?  T<  >  what  are  such  penalties  applied  ?  State  the 
exceptions  to  the  provisions  of  this  act. 


CHAPTER    LX. 


TRESPASS      UPON       CKANIJEKKV       MAKSIIES CANADA      THISTLES, 

DESTRUCTION    OF. 

It  is  unlawful  to  enter  upon  the  premises  of  another, 
without  permission,  to  take  and  carry  away  cranberries  or 
cranberry  vines,  or  to  injure  them  in  any  way.  To  do  so,  sub 
jects  the  offender  to  imprisonment  in  the  County  Jail,  not  less 
than  five  days,  or  to  a  fine  of  not  less  than  five  dollars,  or  both, 
in  the  discretion  of  the  Court;  and  if  the  offense  is  committed 
on  the  Sabbath,  or  in  the  night  time,  or  while  the  offender  is 
disguised,  the  fine  is  not  less  than  ten  dollars,  and  the  imprison 
ment  not  less  than  ten  days,  or  both,  at  the  discretion  of  the 
Court;  and  any  such  person  is  also  liable  to  the  owner  or 
occupant  of  the  premises,  in  three  times  the  amount  of  the 
actual  damages. 

Canada  Thistles. — The  owner  or  occupant  of  lands  is 
required,  under  a  penalty  of  ten  dollars,  to  cut  down  and 
•destroy  all  Canada  thistles  growing  upon  such  land,  or  upon 


GOVERNMENT    OF    MICHIGAN.  143 

the  highway  running  through  or  by  such  land,  so  often  as  shall 
be  necessary  to  prevent  them  from  going  to  seed. 

Overseers  of  Highways  and  Highway  Commissioners  are 
required  to  cause  all  such  thistles  to  be  destroyed  within  their 
respective  townships  and  districts. 

Any  person  who  shall  knowingly  sell  any  grass  or  other 
seed,  among  which  there  is  any  seed  of  the  Canada  thistle, 
shall  be  liable  to  a  fine  of  twenty  dollars, 

Questions — What  is  said  in  relation  to  trespasses  upon  cranberry 
marshes?  What  circumstances  are  considered  as  an  aggravation  of 
the  oifense  ?  What  are  the  owners  or  occupants  of  lauds  required  to 
do  with  reference  to  Canada  thistles?  What  officers  are  to  attend  to 
the  destruction  of  Canada  thistles  ?  What  is  the  penalty  for  selling 
seeds  containing  seed  of  the  Canada  thistle  ? 


CHAPTER   LXI. 


INTOXICATING     LIQUORS MANUFACTURE     AND     SALE     OF,    PRO 
HIBITED. 

It  is  unlawful  for  any  one  to  manufacture  or  sell,  in  per 
son,  or  by  his  clerk  or  agent,  spirituous  or  intoxicating 
liquors,  except  as  provided  by  law. 

It  is  not  unlawful  to  manufacture  alcohol  containing  not 
less  than  eighty  parts  in  the  hundred  of  pure  alcohol.  Drug-  • 
gists,  who  have  given  bonds,  as  the  law  requires,  not  to  sell 
any  spirituous  or  intoxicating  liquors,  or  any  mixed  liquor,  a 
part  of  which  is  spirituous  or  intoxicating,  except  to  be  used 
as  a  medicine,  as  a  chemical  agent  in  scientific,  mechanical  or 
manufacturing  purposes,  or  wine  for  sacramental  purposes;  nor 
to  sell  the  same  to  any  person  whom  he  knows,  or  has  good 


144  GOVERNMENT    OF    MICHIGAN. 

reason  to  believe,  intends  to  use  it  as  a  beverage,  or  to  any 
person  to  be  drank,  for  any  purpose,  upon  the  premises;  nor 
to  minors,  unless  upon  the  written  order  of  his  father,  mother, 
guardian,  or  family  physician,  may  sell  such  liquors  accord 
ing  to  the  conditions  and  subject  to  the  limitations  of  such 
bonds. 

Manufacturers  of  alcohol  manufactured  in  accordance 
with  the  provisions  of  law,  may  sell  such  alcohol  to  persons 
who  have  given  such  bonds  as  are  mentioned  above. 

It  is  not  unlawful  to  make  cider  from  apples,  or  wine 
from  grapes  or  other  fruits  grown  or  gathered  by  the  manu 
facturer  thereof,  or  to  make  beer,  in  this  State,  and  free  from 
all  other  intoxicating  liquors;  but  in  no  case  shall  such  beer 
be  sold  in  less  quantity  than  five  gallons,  or  such  wine  or  cider 
be  sold  in  less  quantity  than  one  gallon,  and  sold  to  be,  and 
be  all  taken  away  at  one  time;  and  all  sales  of  such  beer,  in 
less  quantities  than  five  gallons,  or  of  such  wine  or  cider,  in 
less  quantity  than  one  gallon,  to  be  drank  or  used  on  the 
premises,  shall  be  an  unlawful  sale. 

It  is  not  unlawful  to  sell  liquors  that  are  of  foreign  pro 
duction,  and  which  have  been  imported  under  the  laws  of  the 
United  States,  and  in  accordance  therewith,  and  contained  in 
the  original  packages  in  which  they  were  imported,  and  in 
quantities  not  less  than  the  laws  of  the  United  States  prescribe. 

All  payments  for  liquors  sold  in  violation  of  law  may  be- 
recovered  back,  by  the  person  paying  the  same,  his  wife  or  any 
of  his  children,  or  his  parent,  guardian,  husband,  or  employer; 
and  all  sales,  notes,  securities,  or  the  like,  made  or  given  where 
the  consideration  thereof,  either  in  whole  or  in  part,  shall  have 
been  the  sale  or  agreement  to  sell  liquor,  contrary  to  law, 
shall  be  void,  against  all  persons,  and  in  all  cases,  except  only 
as  against  the  holders  of  negotiable  securities,  or  the  pur 
chasers  of  property  who  may  have  paid  therefor  a  fair  pricer 


GOVERNMENT    OF    MICHIGAN.  145 

and  received  the  same  upon  a  valuable  and  fair  consideration, 
without  notice  or  knowledge  of  such  illegal  consideration. 

Where  a  person,  by  reason  of  intoxication,  inflicts  an 
injury  upon  the  person  or  property  of  another,  the  injured 
party  may  recover  his  damages  against  the  person  furnishing 
the  liquor  that  may  have  caused  or  contributed  to  the  intoxi 
cation  of  such  intoxicated  person.  And  the  owner  or  lessee 
of  buildings  having  knowledge  that  intoxicating  liquors  are  to 
be  sold  therein  at  retail  as  a  beverage,  are  equally  liable  with 
the  seller  for  damages  resulting  from  such  sales. 

The  giving  away  of  intoxicating  liquors,  or  any  other 
shift  or  device,  with  intent  to  evade  the  law,  shall  be  deemed 
an  unlawful  selling,  and  every  person  who,  as  clerk,  agent  or 
servant  of  another,  shall  sell  any  such  liquor,  shall  be  deemed 
equally  guilty  as  his  principal. 

If  any  person  shall  knowingly  solicit  or  encourage  any 
person,  who  has  previously  used  intoxicating  drinks  habitually 
or  injuriously,  to  use  as  a  beverage  any  such  liquors,  or  if  he 
shall  voluntarily,  directly  or  indirectly,  give  any  such  liquors, 
or  cause  the  same  to  be  given  to  such  person,  or  shall,  with 
the  intention  of  having  such  person  drink  or  use  them,  place 
any  such  liquors,  or  cause  or  procure  the  same  to  be  placed 
where  such  person  may  obtain  them,  to  be  used  as  a  beverage, 
such  person  so  offending  shall  be  subject  to  the  penalties  and 
forfeitures  provided  against  selling  such  liquors. 

The  statute  provides  that  persons  found  intoxicated  may 
be  compelled  to  appear  before  a  Justice  of  the  Peace,  and 
disclose  where  and  of  whom  he  procured  the  liquors. 

It  is  also  provided  that  any  person  found  drunk  in  a  pub 
lic  place,  may  be  fined  five  dollars. 

The  keeping  or  selling  of  liquors  contrary  to  law,  subjects 
the  offender  to  a  penalty  of  twenty-five  dollars  and  costs;  for 
the  second  offense,  fifty  dollars  and  costs;  and  for  each  subse- 
10 


14G  GOVERNMENT    OF    MICHIGAN. 

quent  offense,  a  fine  of  one  hundred  dollars  and  imprisonment 
in  the  County  Jail,  not  less  than  three  nor  more  than  six 
months. 

It  is  provided  that  common  sellers  and  manufacturers  of 
liquors  in  violation  of  law,  shall,  on  each  conviction,  forfeit 
and  pay  double  the  amount  specified  in  the  last  preceding  sec 
tion,  with  costs  of  suit  or  prosecution;  and  that  for  the  third, 
or  any  subsequent  conviction,  shall,  in  addition  to  the  forfeit 
ure,  be  imprisoned  for  six  months. 

The  law  prohibits  the  employment  of  persons  upon  rail 
roads  who  use  intoxicating  drinks  as  a  bevergae,  under  a 
penalty  of  twenty-five  dollars,  where  the  officers  of  the  com 
pany  know  that  such  employee  uses  such  liquors  as  a  beverage. 

If  any  person  shall  bring  into  any  jail  any  intoxicating 
liquors  for  sale  or  for  the  use  of  any  prisoner,  unless  the  same 
shall  be  certified  to  be  absolutely  necessary  for  the  health  of 
such  prisoner,  or  if  any  officer  or  person  employed  in  or  about 
such  jail  shall  knowingly  permit  any  spirituous  liquor  to  be 
sold  or  used  in  jail,  contrary  to  law,  such  officer  or  person  shall 
be  subject  to  imprisonment  not  exceeding  one  year,  or  a  fine 
not  exceeding  two  hundred  and  fifty  dollars,  or  both,  in  the 
discretion  of  the  Court. 

Questions  —  State  what  grade  of  alcohol  may  be  lawfully  manu 
factured.  What  is  said  as  to  the  sale  of  liquors  by  druggists?  What 
is  said  of  the  sale  of  alcohol  by  manufacturers  ?  What  is  said  of  the 
manufacture  of  cider,  wine  and  beer?  What  is  said  of  the  sale  of 
these  articles?  What  is  said  of  liquors  of  foreign  production?  By 
whom  may  moneys  paid  out  for  liquors,  in  violation  of  law,  be  recov 
ered?  Wliat  of  securities  given  for  liquors?  Who  arc  liable  for 
injuries  inflicted  by  reason  of  intoxication  ?  What  is  deemed  equiva 
lent  to  an  unlawful  sale  of  liquors?  What  is  said  of  soliciting  certain 
persons  to  use  liquor  as  a  beverage?  What  provision  is  made  for  pro 
curing  testimony  as  to  where  any  intoxicated  person  procured  his 
liquor?  What  is  the  penalty  for  being  intoxicated  in  a  public  place? 


GOVERNMENT    OF    MICHIGAN.  147 

What  is  the  penalty  for  keeping  or  selling  intoxicating  liquors  con 
trary  to  law?  What  is  the  punishment  for  being  a  common  seller  or 
manufacturer  of  liquors  contrary  to  law?  What  is  the  law  in  regard 
to  the  employment  of  persons  addicted  to  the  use  of  intoxicating 
drinks,  by  railroad  companies  ?  What  is  said  of  the  sale  "of  intoxicat 
ing  drinks  in  jails? 


CHAPTER  LXII. 


'OF   CRIMES  AND   MISDEMEANORS, 


'IEEASON MUEDEE DUELS MANSLAUGHTEE MAIMING 

ROBBERY MALICIOUS     THREATS MAERIAGE     UNDEEDU- 

EESS     OK     BY    J\ORCE UNLAWFUL     IMPRISONMENT KID 
NAPPING. 

Persons  accused  of  crime  have  the  right  to  counsel  and 
witnesses  in  open  Court. 

An  acquittal,  on  a  trial  of  the  facts,  is  a  bar  to  further 
prosecutions  for  the  same  offense. 

Treason  against  the  State,  that  is,  levying  war  against  it, 
<or  adhering  to  its  enemies,  giving  them  aid  and  comfort,  is  the 
highest  crime  known  to  our  laws,  and  is  punishable  by  death. 

Murder  in  the  first  degree,  that  is,  the  deliberate  and 
premeditated  killing  of  a  human  being  without  cause,  or  the 
'killing  of  a  person  while  attempting  to  perpetrate  any  arson, 
rape,  robbery,  or  burglary,  subjects  the  offender  to  imprison 
ment  for  life  in  the  State  Prison,  Murder  in  the  second 
'degree,  that  is,  where  the  act  of  killing  is  done  intentionally, 
•but  without  that  premeditation  and  deliberation  which  distin 
guish  murder  in  the  first  degree,  is  punishable  by  imprisonment 


148  GOVERNMENT    OF    MICHIGAN. 

in  the  State  Prison  for  life,  or  any  number  of  years,  in  the 
discretion  of  the  Court. 

Fighting  a  duel,  if  death  ensue,  is  murder  in  the'  first 
degree.  Fighting  a  duel,  although  neither  party  be  killed,  or 
offering  to  fight  one,  subjects  the  offender  to  imprisonment  in 
the  State  Prison  not  exceeding  ten  years,  or  to  a  fine  not 
exceeding  one  thousand  dollars  and  imprisonment  in  the 
County  Jail  not  more  than  three  years,  and  deprives  the 
offender  of  the  right  to  hold  any  office  under  the  laws  of  this 
State.  The  penalties  of  the  law  against  dueling  apply  to 
seconds  as  well  as  principals.  Indeed,  all  who  in  any  way 
encourage  the  fighting  of  a  duel  are  subject  to  heavy  penalties. 

The  crime  of  manslaughter,  which  consists  in  the  killing 
of  a  human  being,  while  under  the  influence  of  sudden  provo 
cation,  or  from  heating  of  the  blood,  or  stirring  the  passions 
to  such  an  extent  as  to  exclude  the  idea  of  malice,  is  punish 
able  by  imprisonment  in  the  State  Prison  not  more  than 
fifteen  years,  or  by  fine  not  exceeding  one  thousand  dollars. 

Maiming  or  disfiguring^  or  attempting  to  maim  or  disfig 
ure  another,  with  malicious  intent,  or  aiding  in  the  commis 
sion  of  the  offense,  is  punishable  by  imprisonment  in  the 
State  Prison  not  more  that  ten  years,  OP  by  fine  not  exceed 
ing  one  thousand  dollars,  or  both,  at  the  discretion  of  the 
Court. 

If  a  person  robs  another,  such  robber  being  armed  with  a 
dangerous  weapon,  with  intent,  if  resisted,  to  kill  or  maim  the 
person  robbed,  or  if,  being  so  armed,  he  shall  wound  or  strike 
the  person  robbed,  he  shall  be  confined  in  the  State  Prison 
for  life,  or  any  number  of  years.  If  the  robber.be  not  armed, 
the  punishment  cannot  exceed  fifteen  years'  imprisonment. 

If  any  person  shall  maliciously  threaten  &>  accuse  another 
of  any  crime  or  offense,  or  to  injure  the  person  or  property 
of  another,  with  intent  thereby  to  extort  money  or  any  pecu.- 


GOVERNMENT    OF    MICHIGAN.  149 

•niary  advantage,  or  with  intent  to  compel  the  person  so  threat 
ened  to  do  any  act  against  his  will,  he  shall  be  punished  by 
imprisonment  in  the  State  Prison,  or  in  the  County  Jail,  not 
exceeding  two  years,  or  by  fine  not  exceeding  one  thousand 
dollars. 

If  any  person  shall  take  any  woman  unlawfully  and 
against  her  will,  and  by  force,  menace  or  duress,  compel  her 
to  marry  him  or  any  other  person,  he  shall  be  punished  by 
imprisonment  in  the  State  Prison  for  life  or  any  term  of  years. 

Imprisoning  a  person  without  lawful  authority,  or  forcibly 
carrying  such  person  out  of  the  State,  subjects  the  offender 
to  imprisonment  in  the  State  Prison  for  a  term  not  exceeding 
ten  years,  or  to  a  fine  not  exceeding  one  thousand  dollars. 

The  law  against  seduction,  rape,  and  kindred  crimes,  is 
justly  very  severe,  the  penalty  being  imprisonment  in  the 
State  Prison.  To  entice  a  girl  under  the  age  of  sixteen  years, 
away  from  father,  mother,  guardian,  or  other  person  having 
legal  charge  of  her,  for  lustful  or  other  base  purposes,  or  for 
marriage,  subjects  the  offender  to  imprisonment  in  the  State 
Prison  not  exceeding  three  years,  or  to  imprisonment  in  the 
County  Jail  not  exceeding  one  year,  or  to  a  fine  not  exceeding 
one  thousand  dollars. 

Questions  —  To  what  have  persons  accused  of  crime,  a  right? 
What  is  the  effect  of  an  acquittal  ?  What  is  treason  against  the  State  ? 
What  is  the  penalty  ?  Define  murder,  and  state  the  penalty  therefor. 
What  is  murder  in  the  second  degree?  The  penalty?  What  is  said 
of  dueling?  Of  challenges  to  fight  duels?  To  what  parties  does  the 
law  against  dueling  apply?  What  is  manslaughter?  The  punish 
ment  therefor?  What  is  maiming?  What  is  the  penalty  therefor? 
What  is  said  of  robbery  ?  Of  malicious  threats  ?  What  is  the  penalt}^ 
for  compelling  a  woman  to  marry  against  her  will?  What  is  the 
penalty  for  unlawfully  imprisoning  or  carrying  a  person  out  of  the 
iState.? 


150  tJOVElJNMENT    OF    MICHIGAN. 


CHAPTER    LXIII. 


OF     CRIMES     AND     MISDEMEANORS,     CONTINUED ATTEMPTS     TO 

POISON TAKING      OR     ENTICING     CHILDREN     AWAY     FROM 

PARENTS      Oil     OTHEKS AHANDONMENT     OF     CHILDREN 

CARELESS    USE   OF   FIRE-ARMS. 

Mingling  poison  with  food,  drink  or  medicines  ;  to  take 
or  to  entice  away  any  child  under  the  age  of  twelve  years, 
with  intent  to  detain  or  conceal  such  child  from  its  parent, 
guardian,  or  other  person  having  the  lawful  charge  of  such 
child,  are  crimes  punishable  by  imprisonment  in  the  State 
Prison  not  more  than  ten  years,  or  by  imprisonment  in  the 
County  Jail  not  more  than  one  year,  or  by  fine  not  exceeding 
one  thousand  dollars. 

Any  person  having  a  child  under  six  years  of  age  in 
charge,  who  shall  expose  such  child  in  any  street,  field,  town, 
or  other  place,  with  intent  to  abandon  it,  he  or  she  shall  be 
punished  by  imprisonment  in  the  State  Prison  not  more  than 
ten  years. 

Pointing  a  gun  at  another,  intentionally,  but  without 
malice,  subjects  the  offender  to  a  fine  of  not  less  than  five  nor 
more  than  fifty  dollars.  If  in  such  case  the  gun  be  discharged, 
without  injury,  the  offender  is  liable  to  a  fine  of  not  less  than 
one  hundred  dollars,  or  imprisonment  in  the  County  Jail  riot 
to  exceed  one  year,  or  both,  at  the  discretion  of  the  Court. 
If  death  ensue  from  such  discharge,  the  offense  is  deemed 
manslaughter. 

The  statute  makes  provision  for  the  punishment  of  per 
sons  who  attempt  to  commit  crime,  even  though  they  may  fail 


GOVERNMENT    OP    MICHIGAN.  151 

to  accomplish  their  purpose  ;  and  such  punishment  is  graded 
according  to  the  gravity  of  the  crime  attempted. 

Questions— What  is  said  with  reference  to  mingling  poison  with 
food,  drink,  or  medicine  ?  Of  enticing  children  away  from  parents  or 
guardians?  Of  the  careless  use  of  fire-arms  ?  Is  there  any  punish 
ment  prescribed  for  attempting  to  commit  crime? 


CHAPTER  LXIV. 
OF  OFFENSES  AGAINST   PROPERTY. 

BURNING  BUILDINGS  AND  OTHER  PROPERTY HOUSE-BREAK 
ING,  ETC. LARCENY RECEIVING  STOLEN  GOODS EM 
BEZZLEMENT. 

Maliciously  burning  a  dwelling-house  of  another  in  the 
night-time,  if  any  person  be  lawfully  within  such  house  at 
the  time,  subjects  the  offender  to  imprisonment  in  the  State 
Prison  for  life.  If  no  person  be  in  such  house,  or  if  the 
dwelling  be  burned  in  the  day-time,  the  punishment  is  im 
prisonment  for  any  term  of  years,  to  be  fixed  by  the  Court. 
Maliciously  burning  in  the  night-time,  any  meeting-house, 
church,  court-house,  college,  academy,  jail,  railroad-depot,  or 
other  public  building  erected  for  public  use  ;  or  any  banking- 
house,  warehouse,  store,  manufactory,  or  mill  of  another, 
being,  with  the  property  therein  contained,  of  the  value  of 
one  thousand  dollars,  subjects  the  offender  to  imprisonment 
in  the  State  Prison  for  any  term  of  years.  If  the  burning  be 
in  the  day-time  the  imprisonment  cannot  exceed  ten  years. 

It  is  unlawful  to  burn  any  bridge,  lock,  dam,  o?  flume,  or 


152  GOVERNMENT    OF    MICHIGAN. 

any  ship,  boat,  or  vessel  of  another,  or  to  burn  any  wood, 
lumber,  fences,  grain,  or  other  vegetable  product  of  another, 
or  to  burn  any  property  to  defraud  insurance  companies  ;  and 
in  all  such  cases  appropriate  penalties  are  attached  to  a  viola 
tion  of  the  law. 

Breaking  and  entering  a  dwelling-house  in  the  night 
time,  with  the  intent  to  commit  any  felony  or  larceny,  is  an 
offense,  punishable  by  imprisonment  in  the  State  Prison  not 
more  than  twenty  years.  If  the  burglar  is  armed  and  assaults 
a  person  being  lawfully  in  such  house,  it  is  deemed  an  aggra 
vation  of  the  offense. 

The  breaking  and  entering  of  any  dwelling-house,  shop, 
store,  railroad  depot,  warehouse,  ship,  boat,  vessel,  mill, 
school-house,  or  factory,  with  the  intent  to  commit  a  felony  or 
larceny,  is  deemed  a  State  Prison  offense,  and  when  commit 
ted  in  the  night-time  the  act  is  deemed  more  heinous. 

Stealing  from  a  dwelling  or  other'building,  or  at  a  fire,  or 
from  the  person  of  another,  are  deemed  aggravated  cases  of 
larceny,  and  are  punishable  by  imprisonment  in  the  State 
Prison.  Other  cases  of  larceny,  unless  the  value  of  the  prop 
erty  stolen  exceeds  twenty-five  dollars,. are  punishable  by 
imprisonment  in  the  County  Jail,  or  by  fine  ;  the  penalty  for 
a  second,  or  any  subsequent  offense,  being  more  severe. 

The  buying,  receiving,  or  concealment,  of  stolen  prop 
erty,  knowing  it  to  have  been  stolen,  subjects  the  offender  to 
imprisonment  in  the  State  Prison  not  more  than  five  years,  or 
to  a  fine  not  exceeding  five  hundred  dollars  and  imprisonment 
in  the  County  Jail  not  more  than  one  year. 

Persons  who,  by  virtue  of  their  employment,  come  into 
possession  of  personal  property,  and  appropriate  it  to  their 
own  use,  are  guilty  of  embezzlement,  and  may  be  punished 
by  imprisonment  in  the  State  Prison,  or  by  fine  and  imprison 
ment  in  the  County  Jail. 


GOVERNMENT    OF    MICHIGAN.  153 

? — What  is  said  of  the  burning  of  dwelling-houses  in  the 
night  time?  Of  other  buildings?  Of  the  burning  of  bridges,  locks, 
<fcc.  ?  What  is  said  of  breaking  into  and  entering  a  dwelling-house  in 
the  night  time?  Of  breaking  into  other  buildings?  Mention  certain 
aggravated  cases  of  larceny.  What  is  said  of  buying,  receiving,  or 
concealing  stolen  property?  Of  embezzlement? 


CHAPTER    LXV. 


FALSE    REPRESENTATIONS    AND    PRETENSES DESTRUCTION    AND 

FITTING     OUT      OF      VESSELS,     WITH      MALICIOUS     INTENT  — 

MALICIOUS      INJURIES  BURGLAR'S      TOOLS LARCENY      IN 

OTHER    STATES INJURIES    TO    SHADE    TREES OF    CERTAIN 

TRESPASSES. 

Every  person  who  shall  falsely  personate  another,  and 
thereby  receive  property  with  the  intent  to  convert  it  to  his 
own  use,  is  guilty  of  larceny.  Obtaining  property  under  false 
pretenses,  or  tokens,  is  an  offense  punishable  by  imprisonment 
in  the  State  Prison  not  exceeding  ten  years,  or  by  fine  not 
exceeding  five  hundred  dollars,  or  imprisonment  in  the  County 
Jail  not  exceeding  one  year. 

The  willful  destruction  of  vessels,  with  intent  to  injure 
another,  is  punishable  by  imprisonment  in  the  State  Prison 
not  more  than  fifteen  years.  Fitting  out  vessels,  with  intent 
that  they  shall  be  destroyed,  or  to  defraud  the  owner  or 
insurer;  making  a  false  invoice  of  cargo,  with  like  intention; 
making,  or  procuring  a  false  protest,  with  intent  to  injure  or 
defraud  any  insurer,  are  deemed  offenses,  punishable  by  im 
prisonment  in  the  State  Prison,  or  by  fine  and  imprisonment 
in  the  County  Jail. 

Malicious  injuries  to  beasts,   or   other    property;  willful 


15-i  C,OVI:I:NM;:NT  o:<-  MICHIGAN. 

trespasses,  by  cutting  or  destroying  wood,  timber,  grain,  and 
fruits,  are  offenses  which  subject  the  offender  to  severe  penal 
ties,  as  will  btj  «cen  by  reference  to  Chapter  245  of  the  Com 
piled  Laws  of  1ST1. 

It  is  an  offense  for  a  person  to  have  in  his  possession  tools 
that  are  adapted  and  designed  for  use  in  breaking  open  buildings, 
vaults,  safes,  or  other  depositories  in  order  to  steal  therefrom, 
and  subjects  the  offender  to  imprisonment  m  the  State  Prison 
not  more  than  ten  years,  or  to  a  fine  not  exceeding  one  thousand 
dollars  and  imprisonment  in  the  County  Jail  not  more  than 
one  year. 

Stealing  property  in  another  State  and  bringing  it  into 
this,  subjects  the  offender  to  the  same  punishment  as  if  the 
offense  was  committed  in  this  State. 

Willful  or  malicious  injury  to  shade  trees,  where  the  dam 
age  amounts  to  twenty-five  dollars,  subjects  the  offender  to 
imprisonment  in  the  State  Prison  not  exceeding  five  years,  or 
to  a  fine  not  exceeding  five  hundred  dollars,  or  to  imprisonment 
in  the  County  Jail  not  exceeding  one  year,  at  the  discretion  of 
the  Court. 

The  removal  or  disposition  of  mortgaged  property,  with 
intent  to  defraud  the  person  owning  the  mortgage,  is  a  iniade- 
meanor,  and  is  punishable  by  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  in  the  County  Jail  not  exceeding 
three  months,  or  both. 

Willfully  destroying  or  removing  timber  from  the  lands 
of  another,  amounting  to  twenty-five  dollars  in  value,  subjects 
the  offender  to  imprisonment  iii  the  State  Prison  not  more  than 
one  year,  or  to  a  fine  not  more  than  five  hundred  dollars,  or  to 
imprisonment  in  the  County  Jail  not  more  than  one  year.  If 
the  value  of  the  timber  or  trees  so  taken  is  less  than  twenty- 
five  dollars,  the  fine  cannot  exceed  one  hundred  dollars,  or  the 
imprisonment  three  months  in  the  County  Jciil. 


GOVERNMENT    OF    MICHIGAN.  155 

To  enter  a  vineyard  during  the  months  of  August,  Sep 
tember,  or  October,  and  eat  or  carry  away  any  of  the  fruit 
therefrom,  without  the  consent  of  the  owner  or  occupant,  is  an 
offense,  and  the  penalty  a  fine  of  five  dollars,  or  twenty  days' 
imprisonment  in  the  County  Jail,  or  both. 

Questions — What  is  said  of  falsely  personating  another?  Of 
obtaining  property  under  false  pretenses?  Of  the  destruction  and  fit 
ting  out  of  vessels  with  certain  intent?  Of  false  invoice  of  cargo,  or 
false  protest?  Of  malicious  injury  to  property?  What  is  said  of 
having  burglar's  tools  in  one's  possession?  Of  stealing  property  in 
another  State,  and  bringing  it  into  this?  What  of  injuries  to  shade 
trees?  Of  the  destroying  or  removal  of  timber  from  ethers'  lands? 
Of  trespasses  in  vineyards  ? 


CHAPTER    LXVI. 


OF   OFFENSES     UPON,    AND     IX     RELATION     TO     RAILROADS     AND 

CARS. 

Any  person  who  shall  place  upon  any  railroad  any  obstruc 
tion,  or  loosen,  or  displace  any  rail  of  the  track  of  such  railroad, 
or  do  any  other  act  with  intent  to  endanger  the  safety  of  any 
person  traveling  or  being  upon  such  railroad,  or  to  throw  from 
such  railroad  any  locomotive,  tender,  or  car,  moving  along  the 
track  of  such  railroad  on  which  shall  be  any  person,  or  prop 
erty,  liable  to  be  injured  thereby,  shall  be  punished  by  im 
prisonment  in  the  State  Prison  for  life,  or  for  a  term  of  years. 

Stealing  from  persons  or  cars  while  detained  on  account 
of  accident  or  injury  to  such  cars  or  to  a  railroad,  subjects  the 
offender  to  imprisonment  in  the  State  Prison  not  exceeding 
twenty  years,  or  to  a  fine  not  exceeding  three  thousand  dollars, 


156  GOVERNMENT    OF    MICHIGAN. 

or  both,  at  the  discretion  of  the  Court.  Maliciously  uncoup 
ling,  or  detaching  the  locomotive,  tender,  or  cars  of  any  rail 
road  train,  or  to  aid,  or  abet  in  doing  of  the  same,  by  persons 
not  in  the  employ  of  the  railroad  company,  subjects  the 
offencfer  to  imprisonment  in  the  State  Prison  not  exceeding 
ten  years,  or  to  a  fine  not  exceeding  two  thousand  dollars,  or 
both,  at  the  discretion  of  the  Court. 

Seizing  upon  any  locomotive  with  any  express  or  mail  car 
thereto  attached,  and  running  away  with  the  same,  upon  any 
railroad,  is  a  State  Prison  offense  —  term  not  to  exceed  ten 
years  —  Or  the  offender  may  be  fined  not  exceeding  two  thou 
sand  dollars,  or  both,  as  the  Court  shall  determine. 

Questions— What  is  the  law  in  relation  to  placing  obstructions 
upon  railroads?  Of  stealing  from  cars,  or  persons  when  detained, 
from  injury  or  accident?  Of  uncoupling  cars?  Of  stealing  locomo 
tives  ? 


CHAPTER   LXVII. 


OF    FORGERY    AND  COUNTERFEITING. 

Forgery  'consists  in  making  something  in  the  likeness  of 
something  else,  and  designed  to  represent  that  which  it  is  not. 
It  is  defined  in  the  law  books  as  the  "  making  of  any  written 
instrument  for  the  purpose  of  fraud  and  deceit."  It  may  con 
sist  either  in  counterfeiting  some  writing  or  printed  matter  or 
in  setting  a  false  name  to  it,  to  the  prejudice  of  another.  If 
a  signature  to  a  paper  be  genuine,  yet  if  the  instrument  writ 
ten  or  printed  over  it  is  not  authorized  by  the  signer,  the 
forgery  may  be  complete;  or  if  the  instrument  be  changed 
without  authority,  after  it  has  been  executed,  such  change  may 
constitute  a  forgery. 


GOVERNMENT    OF    MICHIGAN".  157 

The  forging  of  instruments  or  records,  designed  to  affect 
the  legal  rights  of  others,  with  intent  to  defraud  or  injure  any 
person,  subjects  the  offender,  on  conviction,  to  imprisonment 
in  the  State  Prison  not  more  than  fourteen  years,  or  in  the 
County  Jail  not  more  than  one  year,  depending  upon  the  char 
acter  of  the  instrument  forged,  and  the  circumstances  sur 
rounding  the  particular  case. 

The  uttering  or  publishing  of  forged  instruments  is  punish 
able  tke  same  as  for  the  forgery. 

If  any  person  shall  have  in  his  possession  at  the  same 
time,  ten  or  more  similar  false,  altered,  forged,  or  counterfeit 
notes,  bills  of  credit,  bank  bills,  or  notes,  payable  to  the  bearer 
thereof,  or  to  the  order  of  any  person,  knowing  the  same  to 
be  false,  altered  or  counterfeit,  with  intent  to  utter  the  same 
as  true,  and  to  injure  and  defraud,  he  shall  be  punished  by 
imprisonment  in  the  State  Prison  not  more  than  seven  years, 
or  in  the  County  Jail  not  more  than  one  year. 

Every  person  is  liable  to  be  punished  by  imprisonment  in 
the  State  Prison  not  more  than  ten  years,  or  by  fine  not  exceed 
ing  one  thousand  dollars  and  imprisonment  in  the  County  Jail 
not  more  than  one  year,  who  shall  engrave,  make,  or  mend, 
any  instrument,  or  shall  provide  any  material  adapted  or 
designed  for  the  forging  of  notes,  certificates,  or  other  bills  of 
credit,  or  the  like,  as  specified  in  Chapter  246  of  the  Compiled 
Laws  of  Michigan  of  1871,  or  who  shall  have  such  plates,  or 
materials  in  his  possession,  with  intent  to  use  the  same,  or  to 
permit  them  to  be  used  in  effecting  such  forgery. 

Counterfeiting  gold  or  silver  coin,  or  having  five  or  more 
pieces  of  false  money,  or  coin,  knowing  the  same  to  be  coun 
terfeit,  and  with  intent  to  utter  or  pass  the  same  as  true,  shall 
be  punished  by  imprisonment  in  the  State  Prison  for  life,  or 
for  any  number  of  years. 

Any  person  having  in  his  possession  any  number  of  piece* 


158  GOVERNMENT    OF    MICHIGAN. 

less  than  five,  of  counterfeit  coin,  knowing  the  same  to  be 
counterfeit,  with  intent  to  pass  the  same  as  true,  or  passing, 
or  offering  to  pass,  any  such  coin,  subjects  the  offender,  on 
conviction,  to  imprisonment  in  the  State  Prison  not  more  than 
ten  years,  or  to  a  fine  not  exceeding  one  thousand  dollars. 

The  making,  or  knowingly  having  in  one's  possession, 
tools  for  making  counterfeit  money,  with  the  intent  to  use 
them,  or  to  permit  them  to  be  used  or  employed  in  coining  or 
making  counterfeit  money,  subjects  the  offender  on  convic 
tion,  to  imprisonment  in  the  State  Prison  not  more  than  ten 
years,  or  to  a  fine  not  exceeding  one  thousand  dollars  and 
imprisonment  in  the  County  Jail  not  more  than  one  year. 

Questions  —  What  is  forgery?  What  is  the  penalty  for  forgery  ? 
What  is  meant  by  the  uttering  or  publishing  of  forged  instruments? 
The  penalty?  What  of  having  in  one's  possession  forged  notes,  bank 
bills,  etc.  ?  What  provision  is  made  with  reference  to  making  or  mend 
ing  implements  for  making  counterfeit  bills,  etc.  V  Of  the  law  as  to 
persons  who  have  the  possession  of  such  tools?  What  is  the  law  with 
reference  to  the  counterfeiting  of  coin?  Of  having  counterfeit  coin  in 
one's  possession  v  What  is  said  of  the  possession  or  manufacture  of 
tools  for  counterfeiting  ? 


CHAPTER   LXVIII. 
OF  OFFENSES  AGAINST  PUBLIC  JUSTICE. 

FEKJUKY  BRIBERY  ESCAPE      OF     PRISONERS DUTIES    OP 

OFFICERS   AND    OTHERS   IN   ARRESTING    OFFENDERS. 

If  any  person  authorized  by  the  statute  of  this  State  to 
take  an  oath,  or  if  any  person  of  whom  an  oath  shall  be 
required  by  lawfl  shall  willfully  swear  falsely  in  regard  to  any 


GOVERNMENT    OF    MICHIGAN.  150 

matter  or  thing  respecting  which  such  oath  is  authorized  or 
required,  such  person  shall  be  deemed  guilty  of  perjury. 

The  punishment  for  perjury,  if  committed  on  the  trial  of 
treason  against  the  State,  is  imprisonment  in  the  State  Prison 
for  life,  or  any  term  of  years,  and  if  committed  in  any  other 
case,  by  imprisonment  in  the  State  Prison  not  more  than 
fifteen  years. 

Persons  who  procure  others  to  commit  perjury  are  subject 
to  the  same  penalty  as  those  who  commit  perjury.  If  any 
person  shall  attempt,  though  unsuccessful,  to  induce  a  person 
to  commit  perjury,  he  shall  be  punished  by  imprisonment  in 
the  State  Prison  not  more  than  five  years,  or  imprisonment  in 
the  County  Jail  not  more  than  one  year. 

To  give  or  to  offer  to  any  Legislative,  Judicial,  or  Execu 
tive  officer  any  gift  or  gratuity,  with  intent  to  influence  his 
official  action,  vote,  or  opinion,  subjects  the  offender  to  impris 
onment  in  the  State  Prison  not  more  than  five  years,  or  to  a  fine 
not  exceeding  three  thousand  dollars  and  imprisonment  in  the 
County  Jail  not  more  than  one  year. 

To  accept  a  bri-be,  by  such  officers,  with  the  understanding 
that  his  vote,  decision,  or  opinion,  shall  be  given  in  a  particu 
lar  manner,  or  upon  a  particular  side  of  a  question,  subjects 
the  offender  to  imprisonment  in  the  State  Prison  not  more 
than  ten  years,  or  to  a  fine  not  exceeding  five  thousand  dollars 
and  imprisonment  in  the  County  Jail  not  more  than  one  year. 

The  giving,  offering  to,  or  taking  bribes,  by  jurors  or 
others,  not  included  in  the  preceding  paragraphs,  who  act  in 
an  official  capacity,  is  punishable  by  imprisonment  in  the  State 
Prison  not  exceeding  five  years,  or  by  fine  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  County  Jail  not 
more  than  one  year. 

Aiding  persons  lawfully  imprisoned,  or  in  custody,  to 
-escape,  subjects  the  offender  to  severe  punishment,  depending 


160  GOVERNMENT    OF    MICHIGAN. 

upon  the  nature  of  the  offense  with  which  the  prisoner  is 
charged,  and  the  manner  in  which  such  assistance  is  rendered. 
This  punishment  varies,  and  may  be  a  fine  not  exceeding  five 
hundred  dollars,  imprisonment  in  the  County  Jail  not  exceed 
ing  one  year,  and  in  some  cases  imprisonment  in  the  State 
Prison  not  exceeding  seven  years. 

•  Jailors  and  others,  having  the  lawful  custody  of  prisoners, 
are  liable  for  voluntarily  or  negligently,  permitting  them  to 
escape.  If  the  act  is  willful,  the  officer  is  liable  to  suffer  the 
like  punishment  as  the  person  he  permits  to  escape. 

Officers  required  to  arrest  offenders  or  to  serve  any  pro 
cess,  are  subject  to  severe  penalties  and  even  imprisonment,  in 
some  cases,  for  two  years  in  the  County  Jail,  for  refusing  to 
make  such  arrest  or  serve  such  process.  Sheriffs,  Coroners, 
and  Constables  have  a  right  to  call  upon  any  person  or  persons 
to  assist  them  in  the  execution  of  their  office,  in  any  criminal 
case,  or  in  the  preservation  of  the  peace,  or  the  arresting  of 
any  person  for  a  breach  of  the  peace,  or  in  case  of  escape  of 
persons  arrested  upon  civil  process;  and  to  refuse  such  assist 
ance,  subjects  the  offender,  on  conviction,  to  imprisonment  in 
the  County  Jail  not  more  than  six  months,  or  to  a  fine  not  ex 
ceeding  one  hundred  dollars.  The  same  penalty  may  be 
incurred  by  refusing  to  obey  a  Justice  of  the  Peace,  who  may 
order  the  arrest  of  persons  guilty  of  a  breach  of  the  peace. 

Questions  —  What  is  perjury,  under  the  statutes  of  Michigan? 
What  is  the  penalty  ?  What  is  said  of  procuring,  or  attempting  to  pro 
cure  others  to  commit  perjury  ?  What  is  the  law  in  relation  to  bribery  ? 
In  relation  to  aiding  prisoners  to  escape?  Permitting  them  to  escape? 
How  may  officers  be  punished  for  refusing  to  discharge  certain  duties  ? 
What  right  have  certain  officers  to  assistance  ?  What  is  the  penalty  for 
a  refusal  to  render  such  assistance,  or  to  obey  the  order  of  a  Justice  of 
the  Peace  in  relation  to  the  arrest  of  d  sturbers  of  the  peace? 


GOVERNMENT   OF    MICHIGAN.  161 


CHAPTER    LXIX. 


OF    CERTAIN     OFFENSES FALSELY   ASSUMING    TO    BE    A    PUBLIC 

OFFICER CONCEALING     OR      COMPOUNDING       OFFENSES 

EXTORTION     BY     OFFICERS RESISTANCE     TO     OFFICERS 

RIOTS MOLESTATION   OF   LABORERS. 

If  any  person  shall  falsely  take  upon  himself  to  act  or 
officiate  in  any  office  or  place  of  authority,  he  shall  be  pun 
ished  by  imprisonment  in  the  County  Jail  not  more  than  one 
year,  or  by  fine  not  exceeding  four  hundred  dollars. 

Persons  having  knowledge  of  the  commission  of  crimes, 
who,  for  a  consideration,  conceal  such  knowledge,  or  who 
attempt  to  settle  and  compromise  such  offense,  so  as  to  pre 
vent  a  prosecution  for  the  same,  may  be  punished  therefor  — 
the  punishment  being  graded  according  to  the  nature  of  the 
oifense  sought  to  be  concealed  or  compromised,  the  highest 
punishment  being  imprisonment  in  the  State  Prison  for  five 
years.  This,  however,  does  not  apply  to  cases  of  assault  and 
battery,  and  other  misdemeanors,  where  the  settlement  is 
effected  by  the  injured  party,  who  would  have  a  remedy  by  a 
civil  action,  for  damages. 

Officers  who  willfully  and  corruptly  demand  and  receive 
for  their  services  more  than  the  law  allows,  may  be  punished 
for  such  extortion,  by  a  fine  not  exceeding  one  hundred  dollars. 

Resistance  to  officers  engaged  in  the  discharge  of  their 
duties,  is  an  offense,  and  subjects  the  offender  to  imprison 
ment  in  the  State  Prison  not  to  exceed  two  years,  or  imprison 
ment  in  the  County  Jail  not  to  exceed  one  year,  or  to  a  fine  not 
exceeding  five  hundred  dollars. 
11 


162  GOVERNMENT   OF    MICHIGAN. 

The  assembling  together  of  persons  to  disturb  the  peace 
and  quiet  of  the  people,  or  to  engage  in  any  unlawful  conduct, 
is  an  offense.  See  Chapter  248  of  the  Compiled  Laws  of  1871. 

Persons  who,  by  threats,  intimidations,  or  otherwise, 
without  authority  of  law,  interfere  with  and  molest  mechanics 
and  other  laborers  in  the  quiet  and  peaceable  pursuit  of  their 
avocaf  it  1)1*1  may  be  punished  by  fine  of  not  less  than  ten  dol 
lars,  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
in  the  County  Jail  not  less  than  one  month,  nor  more  than  one 
year,  or  by  both  fine  and  imprisonment,  in  the  discretion  of 
the  Court. 

Questions  —  What  is  the  penalty  for  falsely  assuming  to  be  an  offi 
cer?  What  provision  is  made  to  prevent  the  concealing  of  crime? 
What  is  the  law  in  relation  to  extortion  by  officers?  In  relation  to 
resistance  to  officers  ?  What  is  said  of  riotous  assemblies  and  of 
efforts  to  molest  mechanics  and  laborers  while  at  work? 


CHAPTER  LXX. 

OFFENSES   AGAINST   CHASTITY,    MORALITY,    AND    DECENCY. 

Severe  penalties  are  prescribed  for  offenses  against 
chastity  and  decency.  The  punishment  therefor  will  be  found 
stated  in  Chapter  249  of  the  Compiled  Laws  of  Michigan. 

The  ill  effects  of  obscene  books,  or  prints,  upon  the  morals 
of  those  who  allow  themselves  to  read  or  even  look  upon  them, 
is  so  apparent,  that  in  most,  if  not  all  the  States,  heavy  penal 
ties  have  been  provided  for  the  punishment  of  those  who  dis 
tribute,  or  have  in  their  possession,  such  books  or  prints. 

In  this  State  it  is  provided  that  if  any  person  shall  im 
port,  print,  publish,  sell  or  distribute  any  book,  pamphlet,  bal- 


GOVERNMENT    OF    MICHIGAN.  163 

laa,  printed  paper,  or  other  things,  containing  obscene  lan 
guage,  or  obscene  prints,  pictures,  figures,  or  descriptions 
manifestly  tending  to  the  corruption  of  the  morals  of  youth, 
or  shall  introduce  into  any  family,  school,  or  place  of  educa 
tion,  or  shall  buy,  procure,  receive,  or  have  in  his  possession, 
any  such  book,  pamphlet,  ballad,  printed  paper,  or  other 
things,  either  for  the  purpose  of  sale,  exhibition,  loan,  or  cir 
culation,  or  with  intent  to  introduce  the  same  into  any  family, 
school,  or  place  of  education,  shall  be  punished  by  imprison 
ment  in  the  County  Jail  not  more  than  one  year,  or  by  fine  not 
exceeding  one  thousand  dollars. 

If  any  person  shall  willfully  blaspheme  the  holy  name  of 
God,  by  cursing  or  contiuneliously  reproaching  G-od,  he 
shall  be  punished  by  imprisonment  in  the  County  Jail  not  more 
than  six  months,  or  by  fine  not  exceeding  fifty  dollars. 

If  any  person  who  has  arrived  at  the  age  of  discretion 
shall  profanely  curse  or  damn,  or  swear  by  the  name  of  God, 
Jesus  Christ,  or  the  Holy  Ghost,  he  shall,  on  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  five  dollars  nor  less  than 
vone  dollar. 

Disturbing  religious,  or  other  meetings,  where  the  citizens 
are  peaceably  and  lawfully  assembled,  is  an  offense  punishable 
toy  fine  or  imprisonment  in  the  County  Jail. 

Provision  has  been  made  by  law  to  punish  those  who, 
without  legal  authority,  dig  up,  disinter,  or  remove  the  dead 
body  of  any  human  being.  The  penalty  provided,  is  imprison 
ment  in  the  State  Prison  not  more  than  one  year,  or  in  the 
County  Jail  not  more  than  one  year,  or  a  fine  not  exceeding 
two  thousand  dollars. 

It  is  provided  that  if  any  person  shall  willfully  destroy, 
mutilate,  deface,  injure,  or  remove  any  tomb,  monument, 
gravestone,  or  other  structure  or  thing  placed  or  designed  for 
.a  memorial  of  the  dead,  or  any  fence,  railing,  curb,  or  other 


164  GOVEKXMENT    OF    MICHIGAN. 

thing  intended  for  the  protection  or  for  the  ornament  of  any 
tomb,  monument,  gravestone,  or  other  structure  before  men 
tioned,  or  of  any  inclosure  for  the  burial  of  the  dead,  or  shall 
willfully  destroy,  mutilate,  remove,  cut,  break,  or  injure  any 
tree,  shrub,  or  plant,  placed  or  being  within  any  such  inclosure, 
the  person  so  offending  shall  be  punished  by  a  fine  not.  exceed 
ing  five  hundred  dollars,  nor  less  than  ton  dollars,  or  by  im 
prisonment  in  the  County  Jail  not  more  than  one  year. 

Persons  who  engage  in,  or  who  aid,  or  encourage  any 
prize-fight,  are  liable  to  be  punished  therefor  by  imprisonment 
in  the  State  Prison  not  exceeding  five  years  nor  less  than  one 
year,  or  by  fine  not  exceeding  two  thousand  dollars,  or  by 
both  fine  and  imprisonment,  at  the  discretion,  of  the  Court.. 
It  is  also  unlawful  to  be  present  at  such  fight,  or  to  give,  or 
publish  notice  thereof,  or  to  invite  any  person  to  attend  such 
fight,  under  a  penalty  of  imprisonment  in  the  County  Jail  or 
in  the  Detroit  House  of  Correction  not  exceeding  one  year,  or 
a  fine  not  exceeding  five  hundred  dollars. 

Selling  unwholesome  provisions  without  notice  of  their 
character  to  the  buyer  ;  adulterating  food,  liquors,  drugs,  or 
medicines,  are  offenses  subjecting  the  offender  to  a  fine  or  im 
prisonment  in  the  County  Jail. 

Persons  who  sell  poisons  are  required  to  affix  to  the  vial, 
box,  or  parcel  containing  the  same,  a  label  which  shall  contain, 
the  true  name  of  the  article  sold,  and  also  the  wrord  "  Poison." 
A  failure  to  comply  with  this  provision,  subjects  the  offender 
to  a  fine  not  exceeding  one  hundred  dollars.  Persons  selling 
poisons  are  also  required,  under  a  penalty  not  exceeding  fifty 
dollars,  to  keep  a  record  of  the  date  of  all  such  sales,  the  arti 
cle  and  the  amount  thereof,  and  the  person  or  persons  to 
whom  delivered,  and  their  residence. 

If  any  person  shall  put  the  carcass  of  any  dead  animal, 
in  any  place  within  one  mile  of  the  residence  of  any  person* 


GOVERNMENT    OF    MICHIGAN.  165 

•except  the  same  be  buried  at  least  two  feet  under  ground,  and 
permit  the  same  to  remain  there  to  the  injury  or  annoyance  of 
the  citizens,  he  shall,  on  conviction,  be  punished  by  a  fine  of 
not  less  than  five  nor  more  than  ten  dollars  and  costs. 


Questions — "What  chapter  of  the  Com  piled  Laws  treats  of  offenses 
against  chastity  V  What  provision  of  law  is  made  with  reference  to 
obscene  books  and  prints?  What  is  the  law  in  relation  to  blasphemy? 
The  penalty  for  profane  swearing?  For  disturbance  of  meetings,  &c? 
For  violation  of  sepulture?  For  injuring  tombs  and  memorials  of  the 
dead  ?  What  is  the  law  in  relation  to  prize-fighting  ?  Belling  unwhole 
some  provisions?  Adulterating  food,  liquors,  &c. ?  What  provision 
is  made  concerning  the  selling  of  poisons?  In  relation  to  the  burial 
of  dead  animals? 


CHAPTER    LXXI. 


OF     OFFENSES     AGAINST     PUBLIC     POLICY LOTTERIES TELE 
GRAPHIC   MESSAGES OFFENSES    AGAINST    ELECTION    LAWS 

CRUELTY   TO    ANIMALS. 

It  is  unlawful  to  set  up  and  promote,  or  in  any  way  to 
aid  or  be  concerned  in  the  setting  up,  managing  or  drawing  of 
any  lottery,  or  gift  enterprise,  or  to  sell  tickets  therefor  ;  and 
it  is  provided  that  persons  guilty  of  such  offense  shall  be 
punished  by  a  fine  not  exceeding  two  thousand  dollars,  or  by 
imprisonment  in  the  County  Jail  not  more  than  one  year. 

Telegraphic  Messages.  —  Any  person  connected  with  any 
telegraphic  company  in  this  State,  who  shall  willfully  divulge 
the  contents,  or  the  nature  of  the  contents  of  any  private 
communication  intrusted  to  him  or  her,  for  transmission  or 
delivery,  or  who  shall  willfully  refuse  or  neglect  to  transmit 
•  or  deliver  the  same,  shall,  011  conviction  therefor,  suffer  impris- 


6  GOVERNMENT    OF    MICHIGAN. 

onment  in  the  county  jail  or  work-house  in  the  county  where- 
such  conviction  shall  be  had,  for  a  term  of  not  more  than  three 
months,  or  shall  pay  a  fine  not  to  exceed  five  hundred  dollars, 
in  the  discretion  of  the  Court. 

Offenses  Against  Election  Lairs.  —  Officers  who  willfully 
neglect  their  duties  under  the  election  laws,  or  who  are  guilty 
of  corrupt  conduct  in  executing  the  same,  are  liable  to  impris 
onment  in  the  State  Prison  not  exceeding  three  years,  or  to  a 
fine  not  exceeding  one  thousand  dollars. 

Persons  who  by  any  corrupt  means  attempt  to  influence* 
an  elector  in  giving  his  vote,  are  liable  to  a  fine  not  exceeding 
five  hundred  dollars,  or  to  imprisonment  in  the  County  Jail, 
not  exceeding  one  year,  or  both,  as  the  Court  shall  direct. 

Persons  who  vote  without  a  legal  right  to  do  so,  and  per 
sons  who  attempt  to  persuade  others  to  vote  when  they  have 
no  legal  right  to  vote,  may  be  fined,  not  exceeding  five  hun 
dred  dollars,  or  be  imprisoned  in  the  County  Jail  not  exceed 
ing  one  year,  or  both,  in  the  discretion  of  the  Court. 

Persons  unlawfully  interfering  with  any  ballot-box,  during- 
the  progress  of  an  election,  and  before  the  ballots  are  counted 
and  the  result  declared,  or  who  shall  fraudulently  or  forcibly 
add  to  or  diminish  the  number  of  ballots  legally  deposited, 
and  all  persons  aiding  or  abetting  therein,  shall  be  adjudged 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  State  Prison  for  a  term  not 
exceeding  ten  years,  or  by  a  line  not  exceeding  one  thousand 
dollars. 

Crndt-i  to  Anini<tt.-;.  —  Persons  guilty  of  cruelty  to  ani 
mals  may  be  punished  by  imprisonment  in  the  County  Jail 
not  exceeding  one  year,  or  by  fine  not  exceeding  two  hun 
dred  and  fifty  dollars,  or  both.  Such  cruelty  may  consist  in 
over-driving,  over-loading,  want  of  food,  drink,  or  shelter, 
want  of  protection  from  the  weather,  beating  or  mutilating, 


GOVERNMENT    OF   MICHIGAN.  167 

or  in  any  other  way  by  which  the  animal  is  tortured  or  tor 
mented. 

Keeping  a  place  for  the  purpose  of  fighting  or  baiting 
animals,  is  a  misdemeanor. 

The  law  forbids  the  carrying  of  live  animals  with  their 
legs  tied  together,  or  in  any  cruel  and  inhuman  manner. 

Railroad  companies  are  not  permitted  to  keep  live  ani 
mals  in  their  cars  for  a  longer  period  than  twenty-eight  con 
secutive  hours,  without  unloading  them  for  rest,  water,  and 
feeding,  for  a  period  of  at  least  five  consecutive  hours,  unless 
prevented  from  so  unloading,  by  storm,  or  other  accidental 
cause. 

Setting  Fire  to  Woods,  <&c.  —  Every  person  who  shall 
willfully  or  negligently  set  fire  to  any  woods,  prairies,  or 
grounds,  not  his  own  property,  or  shall  willfully  or  negligently 
permit  any  fire  to  pass  from  his  own  woods,  prairies  or 
grounds,  to  the  injury  or  destruction  of  the  property  of  any 
other  person,  may  be  fined  not  exceeding  one  thousand  dollars, 
or  be  imprisoned  in  the  County  Jail  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  Court  ;  and  shall  be  liable  to 
the  party  injured  in  double  the  amount  of  damages  sustained, 

Questions — What  is  the  law  as  to  lotteries?  Disclosing  of  the 
contents  of  telegraphic  messages  ?  What  is  the  punishment  for  negli 
gence  or  corruption  on  the  part  of  election  officers  ?  For  improperly 
influencing  voters  ?  For  voting  without  legal  authority,  or  attempting 
to  persuade  others  to  do  so  ?  What  is  said  as  to  interfering  with  the 
ballot  box?  What  is  the  penalty  for  cruelty  to  animals?  Mention 
some  of  the  acts  or  omissions  constituting  cruelty?  What  is  said  as 
to  the  manner  of  carrying  animals?  What  is  required  of  railroad 
companies  carrying  live  stock  ?  State  what  is  said  as  to  setting  fire  to 
woods,  prairies,  or  other  grounds  ? 


- 


Iff*- 

s= 


• 


UNITED    STATES    CAPITOL. 


GOVERNMENT  OF  THE  UNITED  STATES, 


CHAPTER    I. 


COLONIAL  GOVERNMENTS GOVERNMENT  TINDER  THE   ARTICLES 

OF     CONFEDERATION ORGANIZATION      OF     THE     FEDERAL 

GOVERNMENT. 

In  the  early  history  of  this  country  the  people  were  sub- 
jects  of  the  British  Empire.  Extensive  grants  of  territory  were 
conferred  upon  individuals  and  companies.  Some  of  these 
grants  conferred  certain  powers  of  government.  Out  of  these 
grants  Colonies  were  organized,  with  chciTteTS  specifying  what 
governmental  powers  might  be  exercised.  They  authorized 
the  establishment  of  Legislatures  to  make  laws  for  the  gov 
ernment  of  the  people,  provided  such  lavys  should  not  conflict 
with  the  laws  of  the  British  Parliament. 

Governors  for  the  Colonies  were  appointed  by  the  King 
of  England,  in  whom  was  vested  executive  authority. 

The  Colonies,  while  subject  to  Great  Britain,  were  entirely 
independent  of  each  other. 

In  course  of  time  the  British  Government  became  exact 
ing  and  oppressive  towards  the  Colonies,  denying  them  many 
of  the  privileges  that  had  been  granted  by  their  charters. 

In  1765,  at  the  request  of  the  Massachusetts  Legislature, 
the  different  Colonies  sent  representatives,  or  delegates,  to 


1?0  GOVERNMENT    OF    THE    UNITED    STATES. 

meet  in  convention  to  counsel  together  concerning  their  diffi 
culties  with  the  British  Government.  In  the  same  year  dele 
gates  from  nine  Colonies  met  in  New  York,  and  agreed  upon, 
and  signed  petitions  and  memorials  representing  their  grounds 
of  complaint,  and  forwarded  them  to  the  King. 

September  5,  1774,  delegates  from  eleven  of  the  Colonies 
met  at  Philadelphia.  This  body  was  called  the  Continental 
Congress.  It  adjourned  in  October,  to  meet  again  in  May, 
1775.  Various  measures  were  adopted  designed  to  protect 
the  people  against  the  encroachments  of  the  mother  country, 
and  on  the  4th  of  July,  1770,  Congress  declared  the  Colonies 
to  be  free  and  independent  States. 

Thus  far,  no  provision  had  been  made  for  incorporating- 
the  States  into  one  nation  for  the  purposes  of  government  ; 
but  believing  it  to  be  necessary  for  their  mutual  protection 
and  safety,  in  November,  1776,  a  plan  of  union  was  agreed 
upon.  This  plan  was  set  out  in  a  writing  called,  "  Articles  of 
Confederation  and  perpetual  union  between  the  States,"  and 
was  to  become  operative,  that  is,  go  into  effect,  when  adopted 
by  the  Legislatures  of  all  the  States. 

In  1778,  the  articles  were  adopted  by  eleven  of  the 
States;  in  1770,  by  one,  and  by  the  thirteenth  and  last,  in 
1781.  So  that,  on  the  23d  of  March,  1781,  the  new  govern 
ment  went  into  operation,  under  the  name  of  the  United 
States  of  America. 

It  was  soon  found  that  the  Articles  of  Confederation  did 
not  confer  sufficient  power  upon  the  National  GovrrniMcnt,  to 
make  it  effective.  Its  powers  were  vested  in  Congress;  and 
no  provision  had  been  made  for  an  executive  or  a  judicial 
department.  It  could  pass  laws,  but  could  not  enforce  them. 
It  could  determine  how  many  men  and  how  much  money  each 
State  should  furnish  to  carry  on  the  war,  but  it  was  left  for 
the  States  to  execute  the  law.  If  they  refused,  there  was  nc» 


GOVERNMENT    OF    THE    UNITED    STATES.  171 

law  to  compel  them  to  comply.  To  defray  the  expenses  of 
the  Avar,  Congress  borrowed  large  sums  of  money  ;  several 
millions  of  which  was  from  Holland  and  France. 

Another  difficulty  arose  from  the  fact  that  different  States 
enacted  laws  giving  their  own  citizens  undue  advantages  over 
the  citizens  of  other  States. 

To  enable  the  National  Government  to  control,  in  need 
ful  cases,  the  action  of  the  States,  it  was  found  necessary  to 
confer  greater  powers  upon  it.  So,  in  May,  1787,  delegates 
chosen  by  all  the  States,  except  Rhode  Island,  assembled  at 
Philadelphia,  and  adopted  our  present  constitution.  This  was 
submitted  to  the  people  of  the  States  for  their  approval. 

The  people  chose  delegates  in  each  State  to  attend  State 
Conventions,  with  power  to  approve  or  reject  the  proposed 
constitution.  These  Conventions  approved  the  constitution, 
and  thus  our  present  Government  was  established. 

The  Constitution  of  the  United  States  may  be  said  to  be 
an  agreement  of  the  different  States  with  each  other,  as  to 
the  form  and  powers  of  the  National  Government.  It  con 
fers  certain  powers  of  government  and  control  over  the 
States  and  the  people  of  the  United  States.  Hence,  we  refer 
to  the  Constitution  and  the  Government  as  the  Federal  Con 
stitution,  or  the  Federal  Government. 

Questions  —  Of  what  Government  were  the  people  of  this  country 
formerly  subjects?  What  is  said  of  the  organization  of  Colonies? 
Who  appointed  the  Governors  ?  What  action  was  taken  by  the  Colo 
nies  in  1765?  In  1774?  In  1776?  When  were  the  Articles  of  Con 
federation  adopted?  What  powers  had  the  Government  under  the 
Articles  of  Confederation  ?  What  was  the  occasion  for  a  change  in 
the  government?  How,  and  when  was  this  change  effected?  What  is , 
said  of  the  Constitution  of  the  United  States  ? 


GOVERNMENT   OF   THE    VN1TED    STATES. 


CHAPTER     II. 


EXECUTIVE    DEPARTMENT    OF   THE   GOVERNMENT  OF  THE  UNITED 
STATES THE    D1FFKRKNT  SECRETARIES  AND  THEIR  DUTIES. 

The  Executive  Department  of  the  Government  is  vested 
in  the  President.  The  duties  of  the  President  and  Vice- 
President  are  similar  to  those  of  the  Governor  and  Lieutenant- 
Governor  of  a  State.  The  President  appoints  the  officers 
necessary  to  assist  him  in  executing  the  laws. 

Most  of  the  executive  business  is  done  through  de 
partments;  and  each  department  has  a  head  officer,  called  a 
Secretary. 

The  Secretary  of  State  performs  for  the  National  Govern 
ment  duties  similar  to  those  performed  by  the  State  Secretaries, 
"for  the  States;  and  in  addition  thereto,  he  has  charge  of  our 
affairs  with  foreign  nations,  and  gives  directions,  under  the 
President,  to  our  foreign  Ministers  and  Consuls. 

The  Secretary  of  the  Treasury  has  charge  of,  and  conducts 
the  financial  affairs  of  the  Government.  Amongst  other  things, 
it  is  his  duty  to  attend  to  the  collection  of  funds  for  the  sup 
port  of  the  Government;  to  make  out  and  report  to  Congress, 
estimates  of  the  public  revenues  and  expenses,  and  to  inform 
that  body  what  appropriations  will  be  noeded  for  the  use  of 
the  Government. 

The  Secretary  of  War  has  charge  of  the  Military  De 
partment. 

The  Secretary  of  the  Navy  has  the  charge  of  the  business 
.relating  to  the  Navy. 


GOVERNMENT    OF   THE    UNITED    STATES.  173 

The  Attorney-General  is  the  legal  adviser  of  the  President 
and  heads  of  the  various  Departments,  and  prosecutes  suits  in 
the  Supreme  Court  of  the  United  States. 

The  Postmaster-General  has  the  general  supervision  of 
postoffices,  and  of  the  carrying  and  distributing  of  the  mails. 

The  Secretary  of  the  Interior  has  charge  of  the  Indian, 
land,  pension,  and  patent  matters. 

The  heads  of  these  several  Departments  constitute  the 
President's  Cabinet,  and  are  his  counsellors  and  advisers. 

Questions  —  In  whom  is  the  Executive  Department  of  the  United 
States  vested  ?  Does  the  President  execute  the  laws  in  person  ?  How 
does  lie  execute  them  ?  Name  the  chief  department  officers.  What 
are  the  duties  of  each  ? 


CHAPTER  III. 


LEGISLATIVE     DEPARTMENT      OF      THE      GOVERNMENT      OF     THET 
UNITED    STATES. 

The  Legislative  Department  is  vested  in  Congress,  con 
sisting  of  two  bodies:  a  Senate  and  House  of  Representatives. 

The  Senate  has  two  members  from  each  State,  who  are 
elected  for  six  years. 

The  Vice-President  is  the  presiding  officer  of  the  Senate. 

The  advice  and  consent  of  the  Senate  is  necessary  for  the 
appointment  of  many  of  the  officers  of  the  Government. 

When  charges  are  preferred  against  certain  officers  of  the 
United  States,  the  Senate  tries  them;  and  when  sitting  for 
that  purpose,  is  a  Court  of  Impeachment.  The  Chief  Justice 
of  the  Supreme  Court  presides  on  such  occasions. 


174  GOVERNMENT    OF    THE    UNITED    STATES. 

In  matters  of  legislation,  the  proceedings  of  the  two 
Houses  of  Congress  are  similar  to  those  of  the  two  branches 
of  the  State  Legislature.  The  members  of  the  House  of 
Representatives  hold  their  offices  for  two  years.  The  States 
are  divided  into  districts,  and  a  member  is  elected  in  each 
district.. 

The  powers  of  Congress  are  delegated  to  it  by  the  Con 
stitution;  and  in  this  respect  it  differs  from  the  State  Legisla 
tures.  The  State  Constitutions  prescribe  and  indicate  what 
the  Legislatures  may  not  do;  the  Federal  Constitution  declares 
what  Congress  may  do.  Hence,  in  determining  whether  an 
act  of  Congress  is  constitutional,  the  question  is,  "  Does  the 
Constitution  authorize  the  act?" — and  in  determining  whether 
an  act  of  a  State  Legislature  is  constitutional,  the  question  is, 
"  Does  the  Constitution  forbid  it?" 

Questions  —  In  what  body  is  the  Legislative  Department  of  the 
Government  vested?  How  many  members  has  the  Senate?  Mention 
some  of  the  duties  of  the  (Senate,  not  pertaining  to  the  ordinary  mat 
ters  of  legislation.  How  are  members  of  the  House  elected?  How 
long  is  their  term  of  office  ?  What  is  suid  of  the  powers  of  Congress? 
In  what  respect  do  the  powers  of  Congress  differ  from  the  powers  of 
the  State  Legislatures?  What  is  the  test  of  the  constitutionality  of  an 
Act? 


CHAPTER    IV. 


JUDICIAL    DEPARTMENT   OF   THE   GOVERNMENT    OF    THE     UNITED 

STATES. 

The  Federal  Constitution  provides  that  the  Judicial  power 
of  the  United  States  shall  be  vested  in  one  Supreme  Court, 
and  such  inferior  Courts  as  Congress  may,  from  time  to  time, 


GOVERNMENT    OF    THE    UNITED    STATES.  175 

establish.  It  also  enumerates  the  duties  and  powers  of  these 
Courts. 

The  Supreme  Court  consists  of  nine  members. 

The  United  States  is  divided  into  ten  Circuits,  and  a  Judge 
is  appointed  in  each  Circuit.  The  Circuit  Courts  revise  the 
decisions  of  the  District  Courts,  and  in  addition  to  certain 
civil  causes  they  may  try,  they  have  jurisdiction  for  the  trial 
of  the  highest  crimes  against  the  United  States.  "When  a 
Justice  of  the  Supreme  Court  of  the  United  States  is  present 
at  a  Circuit  Court,  he  presides.  The  Judge  of  a  District 
Court  sometimes  sits  with  the  Circuit  Judge,  in  which  case  the 
Circuit  Judge  presides. 

District  Courts  are  established  throughout  the  United 
States.  In  each  State  there  is  at  least  one  District  Court. 
This  Court  has  jurisdiction  in  admiralty,  bankruptcy,  and 
many  other  cases.  It  also  has  jurisdiction  over  offenses  against 
the  laws  of  the  United  States. 

In  addition  to  these,  Congress  has  established  a  Court  of 
Claims,  for  the  adjudication  of  claims  against  the  Government. 

Questions  —  "What  provision  is  made  in  the  Constitution  for  the 
establishment  of  Courts?  Of  how  many  members  is  the  Supreme 
Court  composed?  How  many  Circuit  Courts  are  there  in  the  United 
States?  What  is  said  of  the  jurisdiction  of  Circuit  Courts?  What 
Judge  presides  in  the  Circuit  Court?  What  is  said  of  the  establish 
ment  of  District  Courts?  Of  their  jurisdiction?  Of  the  Court  of 
Claims  ? 


APPENDIX. 


DEFINITION    OF    CERTAIN    WORDS,    AS    USED    IN    THIS    VOLUME. 

Abscond,  to  hide,  or  secrete  one's  self. 

Acquiescence,  compliance,  consent. 

Action,  legal  demand  of  one's  rights,  in  court,  or,  a  crim 
inal  prosecution. 

Adhering,  to  remain  with,  to  take  sides  with. 

Adjust,  to  regulate,  put  in  order. 

Administer,  to  supply,  to  act  as  an  agent  in  doing  a  thing, 
or,  enforcing  a  law  or  the  like. 

Administration,  the  act  of  administering. 

Admissibility ,  proper,  or  worthy  to  be  admitted. 

Adulterating,  corrupting,  polluting,  debasing. 

Adultery,  sexual    intercourse    between  a  married  person 
and  one  to  whom  such  person  is  not  married. 

Affidavit,  an  oath  in  writing. 

Affirmation,  confirmation,  declaration. 

Affirm,  to  declare,  tell  or  indorse  confidently. 

Aforesaid,  said  before,  named  before. 

Aggregate,  the  sum  or  result  of  various  particulars. 

Agreement,  compact,  bargain. 

Agriculture,  tillage,  husbandry,  cultivation  of  the  soil. 

Alderman,  an  officer  of  an  incorporated  town,  an  incor 
porated  magistrate. 

Alien,  a  foreigner  who  has  not  been  naturalized. 

Allegiance,  the  duty  of  a  subject. 

Allegations,  affirmations,  statements  or  pleas. 

Amulet,  an  ornament,  gem,  scroll  or  the  like,  worn  as  a 
charm  to  prevent  disease  or  other  injury. 
12 


178  APPENDIX. 

Ancestor,  one  from  whom  a  person  descends — one  from 
whom  an  inheritance  is  derived. 

Apparent,  plain,  evident,  certain. 

Apparatus,  tools  or  instruments  for  any  trade. 

Appendix,  addition,  supplement. 

Apportion,  to  divide  into  just  parts. 

Apprentice,  one  bound  to  serve  a  tradesman. 

Appropriate,  to  assign  to  any  particular  use,  to  make  use 
of —  fit,  proper. 

Appurtenance,  that  which  belongs  to  something  else. 

Arms,  weapons. 

Artificial,  made  by  art,  not  natural. 

Assault,  to  attack,  invade. 

Assemble,  to  meet  together,  or  call  together. 

Assiyn,  to  make  out,  transfer. 

Atrocion^  wicked,  heinous,  enormous. 

Avocation,  employment. 

Bailee,  one  to  whom  goods  are  intrusted. 

Bar,  to  prevent,  prohibit. 

Battery,  an  unlawful  touching  of  another's  person. 

Beverage,  liquor  for  drinking  to  gratify  appetite,  or 
quench  thirst. 

Bind  out.  These  words  refer  to  the  agreement  by  which 
a  person  is  held  to  service  by  another. 

Board,  several  persons  united  to  discharge  some  duty 
prescribed  by  law. 

Body  Politic,  the  people  united  together  for  the  purpose 
of  government. 

Breach  of  trust,  misappropriation  of  a  thing  that  has  been 
intrusted  to  another  in  confidence. 

Breviart/,  a  book  containing  the  service  of  the  Roman 
Catholic  or  Greek  Church. 

Candidate,  one  who  asks  for  a  place. 

Cassock,  a  cloak  or  gown  worn  over  other  garments. 

Certify,  to  give  certain  information. 

Certiorari,  to  be  certified  to — the  name  of  a  writ  com 
manding  an  inferior  court  to  certify  and  return  the  record  of 
its  proceedings  to  a  higher  court. 


APPENDIX.  179 

Chancery,  a  court  of  equity  and  conscience. 

Character,  one's  moral  state  or  condition,  reputation. 

Charter,  a  privilege  granted  by  the  government. 

Civilized,  polished,  improved,  civil. 

Classify,  to  range  in  order,  grade,  or  rank. 

Classification,  the  act  of  forming  into  classes. 

Cohabitation,  living  together. 

Command,  to  order,  govern,  overlook. 

Common-law,  rules  of  action  founded  on  long  usage  and 
the  decisions  of  courts  of  justice,  in  distinction  from  the 
statute  or  written  law. 

Common-law  jurisdiction,  not  confined,  in  the  exercise  of 
jurisdiction,  exclusively  to  the  statutes  or  written  laws  [See 
Common- law], 

Community,  the  body  politic. 

Commutation^  alteration,  to  exchange,  or  substitute,  one 
'thing  for  another. 

Compensation,  recompense. 

Committed,  sent  to  prison. 

Complaint,  an  accusation. 

Confederation,  a  compact  for  mutual  support  or  protection. 

Conferred,  bestowed,, 

Conflict,  disagreement. 

Conjunction,  united,  associated,  union. 

Convention,  an  assembly  of  delegates,  or  representatives, 
to  accomplish  some  specific  object. 

Consecutive,  following  in  regular  order. 

Conscientious,  just,  exact;  disposition  to  be  and  do  right. 

Contagious,  infectious,  catching. 

Contumeliousty,  with  reproach,  contempt,  insolently. 

Convene,  to  call  together,  to  assemble. 

Contract,  bargain,  agreement. 

Costs,  expenses  of  a  suit,  which  may  be  recovered  from 
the  losing  party. 

Countersign,  the  signature  of  a  secretary  or  other  subor 
dinate  officer  to  a  writing  signed  by  the  principal  or  superior, 
to  attest  its  authenticity. 

Crime,  an  offense  against  public  law.  The  word  is  gen 
erally  used  to  indicate  a  felony. 

Cultivate,  to  improve. 


180  APPENDIX. 

Deceased,  departed  from  life,  dead. 

Decrepit,  wasted  and  worn  by  age. 

Deem,  to  judge,  to  conclude,  to  think. 

Deface,  to  destroy,  to  raze,  to  disfigure. 

Default,  an  omission,  defect,  failure. 

Defendant,  the  person  prosecuted. 

Defraud,  to  rob  by  a  trick,  to  cozen. 

Delegate,  an  agent,  to  depute,  commissioner. 

Deliberate,  to  consider  with  care. 

Dependent,  reliance  upon,  or  in  the  power  of  another. 

Department,  separate  office,  a  division  of  the  govern, 
ment. 

Descent,  coming  down,  derivation,  or  from  an  ancestor. 

Designate,  to  point  out,  to  distinguish. 

Detention,  the  act  of  detaining,  restraining. 

Devise,  the  act  of  giving  or  disposing  of  real  estate  by  a 
will. 

Diagram,  a  figure  or  drawing. 

Diploma,  a  document  conferred  by  an  educational  insti 
tution,  certifying  to  a  degree  of  attainment  or  advancement 
in  scholarship. 

Discipline,  to  educate,  to  keep  in  order. 

Discretion,  prudence,  liberty  of  action. 

Disfigure,  to  deform,  deface,  mangle. 

Diversion,  turning  aside  from  any  course,  occupation,  or 
object. 

Division,  to  divide,  to  set  apart. 

Domestic,  belonging  to  the  house,  or  home,  or  family. 

Draft,  to  draw  by  lot ;  also,  a  bill  drawn  on  another  for 
money. 

Duplicate,  an  exact  copy  of  anything. 
Duress,  imprisonment  or  restraint. 

Effective,  able,  efficient,  active. 
Elector  [see  page  42]. 

Eligible,  fit  to  be  chosen,  possessing  the  requisite  legal 
Qualifications. 

Enactment,  to  establish  by  law. 

Encroachment,  intruding  upon  the  rights  of  others. 

Ensue,  to  follow,  to  succeed. 


APPENDIX.  181 

Entitled,  having  a  right  to. 

Equity,  justice,  right,  honesty,  impartiality. 

Equitable,  in  an  impartial  manner. 

Erection,  a  building. 

Escheat,  property  that  falls  to  the  State,  for  want  of  any 
person  to  inherit  it. 

Essential,  necessary,  very  important. 

Established,  settled,  firmly  fixed,  located. 

Estate,  the  interest  or  right  one  has  in  a  thing,  property. 

Estate  of  inheritance,  a  perpetuity  in  lands  to  a  man  and 
his  heirs  ;  or  it  is  the  right  to  succeed  to  the  estate  of  a  per 
son  who  died  without  having  made  a  will. 

Estimate,  to  rate,  to  set  a  value,  or  price  upon;  to  calculate. 

Exacting,  to  force,  to  extort,  to  enjoin. 

Exempt,  to  free  from,  to  privilege. 

Extraordinary,  not  common,  unusual. 

Expedient,  proper,  convenient,  fitness. 

Explorers,  those  who  search  through,  or  travel  over,  for 
the  purpose  of  discovery. 

Facilitate,  to  make  clear,  or  easy. 

Federal,  pertaining  to  an  agreement  between  parties,  a 
compact. 

Felony,  a  crime  punishable  by  death,  or  imprisonment  in 
the  State  Prison. 

Filed,  deposited  with  the  proper  officer. 

Fish  weir,  a  dam  built  to  stop  and  raise  the  water  for  the 
taking  of  fish. 

Fisheries,  a  place  for  propagating  fish. 

Flume,  the  passage  or  channel  for  the  water  which  pro 
pels  the  wheel  of  a  mill. 

Forfeit,  a  penalty  for  an  offense. 

Forfeiture,  the  act  of  forfeiting  ;  a  fine. 

Foreigners,  persons  of  other  countries. 

Fraudulently,  by  fraud,  treacherously. 

Freeman,  one  who  enjoys  liberty,  or  one  who  is  not  sub 
ject  to  the  will  of  another ;  one  who  enjoys,  or  is  entitled  to, 
a  franchise,  or  privilege. 

Fuel,  material  used  for  fire. 

Fundamental,  foundation,  original,  essential. 


182  APPENDIX. 

Govern,  to  control,  or  regulate. 

Grade,  rank,  to  arrange  by  degrees. 

Grant,  gift,  to  bestow,  a  conveyance. 

Guest,  visitor,  one  entertained. 

Guide,  to  direct ;  as  a  noun  it  is  one  who  directs. 

Guide-board,  a  board  containing  directions  to  travelers. 

Guide-pout,  a,  pott  containing  directions  to  travelers. 

Habitually,  customarily,  by  habit. 

Heirs,  one  who  inherits  by  law,  a  successor. 

Heinous,  very  wicked,  atrocious. 

Hereditament,  anything  that  may  be  inherited,  whether 
real,  personal,  or  mixed. 

Hospital,  a  building  in  which  the  sick  or  infirm  are  re 
ceived  and  treated. 

Hospitality,  liberality  in  entertaining. 

Householder,  the  head  of  a  family  in  possession  of  a  house. 

Impeachment,  a  written  accusation  by  the  House  of  Rep 
resentatives  of  the  United  States  to  the  Senate  of  the  United 
States  against  an  officer.  The  lower  Houses  of  State  Leg 
islatures  also  present  articles  of  impeachment  to  the  Senates 
against  State  officers  for  misconduct. 

Importation,  act  of  bringing  from  abroad,  from  without 
the  State. 

Impotent,  incapacity  to  propagate  the  species. 

Impressment,  the  act  of  seizing  for  public  use,  or  of  im 
pressing  into  the  public  service. 

Incur,  to  become  liable  to. 

Incorporated  [see  page  76]. 

Infantry,  the  foot  soldiers  of  an  army. 

Indigent,  poor,  having  but  little,  if  any  property. 

Infected,  tainted,  poisoned,  polluted. 

Infirmity,  weakness,  failing,  disease. 

Inhabitant,  one  who  has  a  fixed  residence  in  a  place. 

Inheritance  [see  estate  of  inheritance]. 

Inscription,  a  title,  name,  or  character. 

Inserted,  placed  among  other  things. 

I)istalhnents,  the  parts  of  a  debt  due  at  different  times. 

Instituted,  established,  fixed. 


APPENDIX.  183 

Instrument,  a  writing  containing  the  particulars  of  some 
act,  contract,  writ,  or  proceeding. 

Insurrection,  a  rebellion  of  citizens,  or  subjects  of  a 
country,  against  its  government. 

Intermarry^  to  become  connected  by  marriage. 

Intersect,  to  cut  into,  or  cross  each  other. 

In  transitu.  Things  are  in  transitu  during  their  removal 
from  one  place  to  another. 

Invalid,  without  legal  force,  or  effect. 

Invasion,  the  entry  of  a  country  by  a  public  enemy, 
making  war. 

Issue,  the  point  or  question  in  controversy  between  con 
tending  parties.  When  applied  to  the  descent  of  estates,  it 
includes  all  the  lawful,  lineal  descendants  of  the  ancestor. 

Jesuit,  one  of  a  religious  order,  of  the  Roman  Catholic 
Church,  founded  by  Ignatius  Loyola,  and  approved  in  1540, 
under  the  title  of  The  Society  of  Jesus.  The  members  take 
three  vows  :  poverty,  chastity,  arid  obedience. 

Juggler,  one  who  plays  tricks. 

Jurisdiction,  legal  authority,  a  district. 

Juvenile,  youthful,  young. 

Kindre.1)  relatives  by  blood  or  marriage,  more  properly 
the  former. 

Larceny,  stealing,  theft. 
Lascivious,  lustful,  lewd. 
Lessee,  one  who  takes  an  estate  by  lease. 
Levy,  the  act  of  raising  money  or  men  ;  to  collect, 
Lewd,  disposition  for  lust. 
Libel,  a  defamatory  publication,  satire. 
Lien,  a  charge  upon  property,  for  the  payment  of  a  debt. 
License,  an  authority  given  to'  do  an  act,  which  without 
such  authority  would  be  illegal. 
Lieu,  in  place  of,  instead  of. 
Limit,  to  restrict. 
Limitations,  restrictions. 

Lineal,  descending  in  a  direct  line  from  an  ancestor. 
List,  a  roll,  or  catalogue. 


184  APPENDIX. 

Lock,  the  barrier,  or  works  which  confine  the  water  of  a 
stream  or  canal. 

Magazine,  a  store -house. 

Maliciously,  with  the  spirit  and  intention  of  harm  and 
jnischief. 

Mayor,  a  chief  magistrate  of  a  city. 

Maim,  to  wound,  cripple. 

Malice,  a  spirit  desiring  harm,  without  just  cause. 

Mechanical,  skilled  in  mechanics. 

Memorial,  something  to  preserve  memory. 

Menace,  to  threaten. 

Michilimackinac,  probably  derives  its  name  from  the  In 
dian  words  Michi-Mackinac,  meaning  a  great  truth,  or  from 
the  Chippewa  words  Michine-Maukinonk,  meaning  the  place 
of  giant  fairies. 

Mile-board,  a  board  on  which  distances  are  indicated. 

Mile-stone,  a  stone  on  which  distances  are  indicated. 

Minor,  one  not  of  legal  age  to  make  a  binding  contract  — 
smaller,  less  important. 

Misdemeanor,  an  offense  less  heinous  than  a  crime. 

Miss-ion,  a  station  or  residence  for  missionaries. 

Missionary,  one  who  is  sent  upon  a  mission;  especially, 
one  sent  to  propagate  religion. 

Mode,  form,  fashion. 

Moral,  just,  honest,  upright. 

Monument,  a  pillar,  statue,  or  other  thing,  to  perpetuate 
the  memory  of  a  thing  or  person;  a  landmark. 

Mountebank,  a  quack,  a  stage  doctor. 

Mustering,  assembling,  reviewing,  collecting,  or  register 
ing  forces. 

Municipal,  belonging  to  a  corporation. 

Natural  Science,  the  science  of  nature,  as  distinguished 
from  the  art  or  skill  of  man. 

Native.  All  persons  born  in  the  United  States  are  con 
sidered  as  natives. 

Negotiable,  that  which  may  be  transferred  by  assignment. 

Non-resident,  one  who  does  not  reside  on  his  own  lands. 

Nuisance,  something  noxious  or  offensive. 


APPENDIX.  185 

Oath)  a  solemn  affirmation  which  God  is  called  upon  to 
witness. 

Obligation,  agreement,  contract,  bond. 
Offal,  waste  meat,  refuse,  unfit  for  use. 
Office,  a  public  employment. 
Officer,  one  engaged  in  a  public  employment. 
Offense,  transgression,  injury,  violation  of  law. 
Operative,  having  the  power  of  acting. 
Organized,  formed,  arranged. 

Pardon,  forgiveness,  remission. 

Parental,  pertaining  to  parents. 

Pauper,  a  poor  person  who  receives  alms,  or  is  supported 
at  the  public  charge. 

Pecuniary,  pertaining  to  money. 

Penalty,  a  punishment,  forfeiture. 

Personate,  to  counterfeit,  to  represent. 

Pertain,  to  belong,  to  relate. 

Permanent,  lasting,  unchanged. 

Personal  Property,  temporary  and  movable  property. 

Perjury  [see  page  158]. 

Petitions,  requests,  entreaties. 

Plaintiff,  the  party  who  commences  a  suit. 

Plurality,  a  greater  number  than  some  other,  but  not  a 
majority  of  all. 

Political,  pertaining  to  a  regular  system  or  administration 
of  government. 

Polygamy,  having  more  than  one  wife,  or  husband. 

Posthumous  children,  those  born  after  the  death  of  the 
father,  or  taken  from  the  dead  body  of  the  mother. 

Premeditated,  to  think  beforehand. 

Preceding,  to  go  before  in  rank  or  time. 

Prescribe,  to  order,  direct. 

Principal,  chief. 

Prior,  antecedent,  former,  anterior. 

Provocation,  a  cause  of  anger. 

Provided,  stipulated  as  a  condition,  on  condition. 

Proving,  evincing,  ascertaining  as  truth. 

Professional,  relating  to  a  profession. 

Propagate,  to  generate,  increase. 


180  APPENDIX. 

Process,  a  writ  issued  out  of  a  court. 

Proficiency,  improveine 1 1 1 . 

Protest^  a  declaration  against  a  thing;  a  written  declara 
tion  of  the  master  of  a  vessel  that  an  injury  to  it  was  not 
occasioned  by  his  fault. 

Protho}LOtary,  a  register  or  chief  clerk  of  a  court,  in  par 
ticular  States. 

Punt-gun,  a  small  cannon,  carried  on  a  Hat-bottomed  boat, 
and  usually  used  for  sporting. 

Puppet-Show,  mock  play  by  images. 

Qualified,  made  fit;  accomplished. 

Quorum,  a  sufficient  number  to  transact  business. 

Ranye,  to  place  in  order,  ranks. 

Heal  property,  lands. 

Rebellion,  insurrection  by  the  people  against  then  own 
country. 

Reclaim,  reform,  correct,  recall. 

Recover,  to  win  back,  to  gain  as  a  compensation. 

Relatively,  having  relation  to  something  else. 

Relevant,  relative  to,  relating  to. 

Renounce,  disavow. 

Reproaching,  censuring,  upbraiding. 

Representations,  representing,  describing,  showing. 

Reprieve,  to  respite  from  punishment. 

Restrain,  to  withhold,  repress,  limit. 

Resident.,  dwelling  in  a  place. 

Resident  freeholder,  one  who  resides  on  an  estate  of  in 
heritance,  or  for  life. 

Resolution,  that  which  is  determined  or  decided. 

Resort,  to  go  to,  or  repair  to;  a  place  of  assembling. 

Resource,  an  expedient,  a  resort. 

Respond,  to  answer,  to  accord  or  comply  with. 

Restrictions,  confinement,  limitations. 

Revenues,  income  of  a  State,  duties,  taxes. 
R(tb,  to  take  property  from  the  person  of  another  forcibly, 
feloniously,  or  by  putting  in  fear. 

Secular,  pertaining  to  worldly  matters. 


APPENDIX.  187 

Second,  a  supporter,  next  to  the  first. 

/Sepulture,  interment,  burial. 

Seize,  to  take  forcible  possession  of. 

Seized,  taken  forcible   possession  of;  to  be  possessed  of. 

Skute,  a  passage  for  fish  through  a  dam  or  lock. 

Signature,  mark,  sign,  written  name. 

Simultaneous,  existing  or  happening  at  the  same  time. 

Site,  situation,  local  position. 

Blander,  false  report,  to  back-bite,  to  scandalize. 

Speci/ic,  definite,  particular  quality,  or  sort. 

/Spawn,  the  eggs  of  fish. 

Stipulation,  agreement. 

/Subdivided,  divided  again. 

Subject,  one  owing  allegiance  to  a  sovereign  or  govern 
ment;  to  make  liable  to. 

Subordinate,  inferior  in  order. 

Supremacy,  higher  authority  or  power. 

Sujjeruisory,  to  oversee,  as  an  overseer,  a  superintendent. 

Suppression,  the  act  of  subduing,  or  crushing. 

Survey,  to  view,  measure,  examine. 

Surrender,  to  yield,  to  give  one's  self  up. 

Surplus,  excess,  remainder. 

Swivel-gun,  a  small  cannon,  carrying  a  shot  of  half  a 
pound,  made  to  turn  in  a  swivel  or  socket,  in  any  direction. 

Tare,  deficiency  in  the  weight  or  quantity  of  goods  by 
reason  of  the  weight  of  the  cask,  box,  or  other  thing  contain 
ing  the  commodity  and  which  is  weighed  with  it. 

Tax,  toll,  tribute,  impost,  custom  or  contribution  for  the 
service  of  the  State. 

Tenement,  any  species  of  permanent  property  that  may 
be  held  so  as  to  create  a  tenancy,  as  lands,  houses,  rents,  etc. 

Temporary,  transient,  for  a  short  time. 

Testamentary,  pertaining  to  a  will. 

Territorial,  pertaining  to  territory. 

Token,  mark,  sign. 

Transmit,  to  send  from  one  person  or  place  to  another. 

Treason  [See  page  14?]. 

Trespass,  unlawful  entiy  upon  the  lands  of  another;  to 
intrude  upon  the  rights  of  another. 


188  APPENDIX. 

Tribunal,  court  of  justice. 

Tribe,  a  certain  generation  of  people. 

Usurpation,  illegal  possession. 

Uttering  or  publishing  ^  to  hold  out  or  pretend  that  the 
thing  offered  is  good  and  genuine,  when  it  is  not. 

Vagrant,  an  idle  wanderer,  a  vagabond. 
Vested,  belonging  to,  having  by  right. 
Veto,  from  the  Latin,  meaning  "  1  forbid." 
Violate,  to  infringe,  injure,  or  break. 
Void,  having  no  legal  or  binding  force. 
Volunteers,  those  who  join  the  military  or   naval  forces 
voluntarily,  of  their  own  free  will. 

Ward,  a  minor,  or  person  under  the  care  of  a  guardian  ; 
subdivision  of  a  city. 

Warrant,  an  instrument  authorizing  an  officer  to  seize  an 
offender  and  bring  him  to  justice  ;  that  which  warrants  or 
authorizes  ;  to  insure  ;  guaranty,  security. 

Weir  dam,  a  dam  constructed  to  stop  and  raise  the  water 
for  conducting  it  to  a  mill,  for  taking  fish  and  the  like. 

Will,  testament,  the  disposition  of  a  man's  estate. 

Willful,  obstinate,  perverse,  not  yielding  to  reason. 


INDEX. 


[The  reference  figures  are  to  the  pages.] 


ACTIONS  in  Justices'1  Courts,  .  .      83 

ACQUITTAL,  effect  of,  .  .    147 

ADJUTANT-GENERAL,  duties  of,          .      78 
ADMINISTRATOR,    appointment    and 

duties  of,  .  .  .      89 

ADULTERATING  food,  liquors  or  medi 
cines,  .  .    164 
AFFIRMATION  of  witnesses,    .  .      83 
AGREEMENTS  void  if  made  on  the  Sab 
bath,  .           .           .                      .125 
AGRICULTURAL  COLLEGE,       .  .      95 
ALLOUEZ,  French  missionary,           .      10 
ANIMALS,  trespassing.  110;  running 
at  large,  131;  malicious  injuries 
to,       .            .            .             153,  166,  167 
ARRESTS,  duties  of  officers  and  oth 
ers  in  making,         .                       .     160 
ASSEMBLIES,  unlawful,            .           .    162 
ARTICLES  of  Confederation,    .            .     170 
AssEssMENTand  collection  of  taxes, 

100;  roll,  how  made  out,  .  .    101 

ASYLUMS  for  insane,  and  for  deaf, 

dumb  and  blind,      .  .  .96 

ATTACHMENT,  proceedings  by,  .      81 

ATTORNEY-GENERAL    of  the  State, 

duties  of,  59;  of  United  States,  173 
AUDITORS,  board  of,  for  Wayne  Co.,  66 
AUDITOR-GENERAL,  duties  of,  .  58 

BANKING,  history  of,  in  Michigan,    .      18 
BEEF,  inspection  of,  .  .      72 

BENEVOLENT  INSTITUTIONS,    .  .      96 

BIRDS,  law  to  protect,  .    138 

BLASPHEMY,  punishment  for,  .    163 

BOARDS   [See  State  Boards— Super 
visors— District  Schools;  Town 
ship  Boards,  Health,  board  of]. 
BOOKS,  school  boards  to  prescribe,  92,93 

[See  Obscene  Prints.] 
BREBIEUF,  Jesuit  missionary,           .        9 
BRIBERY,  punishment  for,      .           .    159 
BROCK,  General,             .            .            .14 
BURIAL  PLACES,  penalty  for  desecrat 
ing 163 

BUCKWHEAT  MEAL,  how  packed  and 

branded,        .                                 .    108 
BURNING  buildings  and  other  prop 
erty,    151 


CABINET  OF  PRESIDENT,          .  ,    173 

CADILLAC,  Antoine  de  la,  founder  of 

Detroit,          .  .  .  .11 

CANADA  THISTLES,  destruction  of,     .    142 
CASS,  General  Lewis,.  .  15,  16 

CATHOLEPESTEMIAD,    establishment 

Of,         .  ....       15 

CHANCERY,  Circuit  Court  in,  .      89 

CHASTITY  [See  Chap.  249,  Compiled 

Laws  of  Michigan]. 
CHILDREN,  enticing  away  of;  aban 
donment  of,  .  .  .150 
CITIES  and  villages,       .           .  75,  76 
CIRCUIT  COURTS,  jurisdiction  of,        .      89 
CIRCUIT  COURT  COMMISSIONERS,  du 
ties  of,           .                                  .71 
CLARK,  county,  68 ;  township,           .      73 
COLONIAL  GOVERNMENTS,        .           .    169 
COMMISSIONERS  OF  HIGHWAYS,          .      74 
COMMANDER-IN-CHIEF,    when     may 

call  out  militia,       .  .      77 

COMMISSIONERS,  ...  60,  64 

fSee  State  Boards.] 
COMMISSIONER  OF  STATE  LAND  OF 
FICE,   .  .  .  .  .58 
COMMUTATION  of  punishment,           .      57 
COMPLAINT  to   procure  warrant  in 

criminal  case,          .  .  .86 

COMPOUNDING    OR  CONCEALING  OF 
FENSES,          ....     161 
CONGRESS,  powers  of,   .  .  .    174 

CONSTITUTIONS,  the  purpose  they 
serve,  39;  of  the  United  States, 
adoption  of,  171 ;  State  and  Fede 
ral  differ  as  to  powers,  .  .  174 

COUNTIES,  date  of  organization,  and 

origin  of  names  of,  .      25 

COUNTY  OFFICERS,         .  .        65  to  69 

COUNTY-SEAT,     .  .  .  .66 

CRANBERRY      MARSHES,       trespass 

upon,                                               .  142 

CRIMINAL  JURISDICTION  of  Justices,  85 

CRIMES  AND  MISDEMEANORS,             .  147 

DABLON,  French  explorer  and  mis 
sionary,  .  .  .  .10 

DAMAGES,  when    none  allowed  for 

injuries  by  trespassing  animals,    110 


100 


INDEX. 


DANIEL,  Jesuit  missionary,    .  .        9 

DEAD  BODIKS. penalty  for  disinterring  163 
DEAD  ANIMALS,  carcases  how  to  be 

disposed  of, 

DEEDS,  recording  of,    .  .      Oit 

DEMOCRACY  denned,      . 
.DESCENT,  title  to  real  estate  by,        .    103 
DETUOIT,    early  settlement    of,   11 ; 
siege  of,  12;  surrender  of  to  the 
British,    14;      surrender    of     to 
Americans,   14;    House  of   Cor 
rection,          .  •  •  .99 
DIAGRAMS,     explaining     survey    of 

townships  and  sections,  33  to  35 

DISTRICT     COURTS    of     the    United 

States,  .  •  •  .17.") 

DISTRICT     SCHOOLS    AND    DISTRICT 

BOARDS,         .  .  .  .93 

DISORDERLY  PERSONS,  who  deemed,    123 
may  be  required  to  give  security 
for 'good  behavior.  .  .121 

DIVORCE,  laws  concerning,      .  .    12>> 

Doos,  licenses  for,        .  .    1*1 

DOMESTIC  DELATIONS  [See  Husband 

and  \Vifc]. 

DOWER  of  widow  in  husband's  lands,    122 
DUELING,  punishment  for,      .  .    14S 

ELECTIONS,   how  conducted.  40;    of 
State,  county  and  township  offi 
cers,  41;  of  township  officers,     .      73 
ELECTION  LAWS,  offenses  against,     .    HJO 
ELECTORS,  qualifications  of.  42;   of 

President  and  Vice-President,     .      50 
ENGLAND,  surrender  of  territory  to, 

by  France,    .  .  •  .12 

ESCAPE  OF  PRISONERS,  liability  of 

officers  for,    .  .  .  .100 

EXECUTIVE     DEPARTMENT    of     the 

State,  50;  of  the  United  States,    172 
EXECUTION,  Justices1,  .      81 

EXEMPTION,    from    taxation;    what 

property  is  exempt, 

EXTORTION,  by  officers,  .    101 

FALSE  REPRESENTATIONS  AND  PRE- 

TENSKS,  .  .  .15) 

FALSELY,   assuming  to  be  a  public 

officer,  .  .  •  •    101 

FEDERAL  GOVERN  MENT,orcraniz:ition 

of,  •    170 

FENCES  AND  FENCE-VIEWERS,  .    110 

FIRE,  willfully  setting  to   woods  or 

prairies,    "    . 

FIREARMS,  careless  use  of,       .  .    150 

FISH,  laws  to  protect,    .  .  .     135 


FLOUR,  wheat,  weicht  of,  how  pack 
ed   and  branded,   107,   108;    rye, 
how  packed  and  branded.          107,  10S 
FORGERY,  defined,  150;  penalty  for,    157 
FORTS  AND  TRADING  POSTS,    .  .      12 

FRENCH  POSSESSIONS,  .  .      11 

FRENCHTOWN,  battle  of  ,  .  14 

GAME,  protection  of,    . 
GAMING,  law  concerning,        .  .    125 

GOODS,  lost,  129;  unclaimed.  .  .    132 

GOVERNORS  OF  MICHIGAN.       .  23, 24 

[See  State  Officers.] 
GOVERNOR,  who  eligible  to  office  of; 

duties  of,  •  •  .56 

GOVERNMENT,  division  of  powers  of, 
40;  organization  of,  36;  defined, 
37;  forms  of,  .  38 

GRIFFIN,  first  vessel  on  northwest 
ern  lakes,  . 

GUARDIANS,  appointment  of, .  .      89 

GUNPOWDER,  law  concerning,  .    133 

HACK-DRIVERS,  laws  relating  to,  .  127 
HARRISON,  General,  .  14 

HEALTH,    Boards   of;    powers    and 

duties,  .  .  .        109,110 

HENNEPIN,  Louis,  missionary,  .  10 
HIGHWAYS,  driving  of  teams  upon,  127 
HIGHWAY  COMMISSIONERS,  .  .  74 

HOSPITALS,  establishment  of,  .    109 

HOUSE-BREAKING, 
HOUSES  or  CORRECTION, 
HULL,  General,    . 
HusiJAND  AND  WIFE.  121 ;  husband's 

liability  for  wife's  support,       .    121 
[See  Married  Women.] 
IMPEACHMENT  [see  Leg.  Dept.  U.  S]. 
IMPRISONMENT,  unlawful,        .  .    143 

[See  Crimes  and  Misdemeanors.] 
INDIANS,  attack  on  forts  by.  12:  con 
duct  during  the   Revolutionary 
War,    .  .  .  i  .13 

INFANTRY,  organization  of  compa 
nies,    ...  .78 
INJURIES  TO  PROPERTY,           .           .      86 
INSPECTOR-GENERAL.    .  .      78 
INSPECTORS  OF  PROVISIONS,  71;   of 

Schools,  duties  of,  .  .  75 

INTERNAL  IMPROVEMENTS,  .  18  to  21 
|  INTEREST,  law  regulating,  .  Ill 

INTOXICATING     LIQUOR*,    manufac 
ture  and  sale  of.  prohibited,  143; 
payments  formiybe  recovered,    144 
i  INTOXICATION,  punishment  for,  145 


INDEX. 


191 


INTOXICATED  PERSON,  injuries  by,   . 

JACKSON,  House  of  Correction, 

JAILS,  establishment  of, 

JESUITS,  French, 

JOHNSON,  Colonel, 

JOLIET,  explorer  and  missionary,      . 

JUDIC'AL  TRIBUNALS,  necessity  for, 

JUDICIAL  POWER  of  State,  how  vest 
ed,  80;  of  the  United  -States,  174,  175 

JUDGMENTS  of  Justices,  83;  how  col 
lected,  84;  removal  of  to  Circuit 
Court,  .  .  .  .85 

JUDGE  OF  PROBATE,      .  .  .6 

[See  Probate  Courts.] 

JURY,  in  Justices'  Court,        .  83,  86 

JUSTICES'  Courts,  80:  criminal  juris 
diction,  .  . 

JUSTICES  OF  THE  PEACE,  election  of, 

JUSTICES  OF  THE  SUPREME  COURT,   . 

KIDNAPPING,  penalty  for, 

LARCENY  of  goods,  86;  from  dwell 
ing  or  person,  152;  in  other 
States,  154;  from  person  or  cars 
while  detained  by  accident, 

LA  SALLE,  Robert  de,  explorer, 

LAW,  defined,  necessity  for,    . 

LAWS,  enactment  of, 

LEGISLATIVE    DEPARTMENT    of    the 

State,  51;  of  the  United  States,     173 

LIEUTENANT-GOVERNOR,  election  of, 
56;  presiding  officer  of  the  Sen 
ate,      .  .  .  .  .52 
LIMITED  MONARCHY,  defined,           .      38 
LIQUORS  [see  Intoxicating  Liquors]. 
LOST  GOODS  AND  STRAY  BEASTS,       .    120 
LOTTERIES,  penalty  for  setting  up  or 

promoting,    ....    105 

MAIMING  OR  DISFIGURING,      .  .    148 

MALICIOUS  INJURIES  to  property,  86,  153 

MANSLAUGHTER,  defined,  punish 
ment  for,  .  .  .  .148 

MARQUETTE,  Father,  explorer  and 
missionary,  .... 

MARRIAGE,  law  in  relation  to,  118, 
119;  under  duress  or  by  force,  . 

MARRIED  WOMEN,  rights  ol,   . 

MASON,  Stevens  T., 

MEASURES  AND  WEIGHTS, 

MECHANICS'  LIEN, 

MESNARD,  Rene,  explorer, 

MEAL,  buckwheat,  how  packed  and 
branded, 


155 

10,  11 

.      37 

53 


108 


MICHIGAN,  origin  of  name,  explora 
tion  and  history  of,  9  to  11 ;  as  a 
Territory,  13,  14:  government  of, 
prior  to   1823,  15;    organization 
of  as  a  State,  IS;   area,  popula 
tion,  products,  and  resources,  22; 
its   part  in  the  war  of  the  Re 
bellion,          .  .  .  .24 
MILITARY  OFFICERS,     .           .           .78 
MILITARY  AND  TRADING  POSTS,         .      11 
MILITIA,    how   enrolled,  and  when 

may  be  called  out,  .  .  77,  78 

MISSIONARIES,  Catholic,         .  .       9 

MONARCHY,  defined,      .  .  .38 

MONEY  AND  INTEREST,  .  .    ill 

MORTGAGED  PROPERTY,  removal  of, 

to  defraud,     .  .  .  .154 

MUSK-RATS,  laws  concerning,  .    141 

MURDER,  defined,  punishment  for,  .  147 
NATURALIZATION  OF  FOREIGNERS,  .  42 
NORMAL  SCHOOL,  .  .  .94 

NOTARIES  PUBLIC,  duties  of,  .  .      71 

OATH,  of  witnesses,  form  of,  .  .      82 

OBSCENE  PRINTS,  .  .  .     162 

ORDINANCE  of  1787,       .  .  .17 

OVERSEERS  OF  HIGHWAYS,      .  .      75 

PARDONS,  granted  by  Governor,  .  57 
PEACE,  officers  to  preserve,  .  .  160 

PENAL  AND  REFORMATORY  INSTITU 
TIONS,  .  .  .  .98 
PERJURY,  denned,  punishment  for, 

158, 159 
POISON,     mingling     with     food     or 

drink,  150;  druggists  to  label,  .  164 
PONTIAC,  Indian  chief  and  warrior,  .  12 
PONTIAC  WAR,  .  .  .  .12 

POOR  PERSONS,  support  of,     .  .    112 

PORK,  inspection  of,     .  .  .72 

POSTMASTER-GENERAL,  .  173 

POUND-MASTERS,  duties  of,     .  .      75 

PORTER,  George  B.,       .  .  .      16 

PRESIDENT  AND  VICE-PRESIDENT  of 
the  United  States,  how  elected, 
50;  appointments  by  President,      172 
PRISONS,  in  cities  and  villages,         .      99 
PRIZE-FIGHTING,  punishment  for,    .    164 
PROBATE  COURTS,  jurisdiction  of,     .      88 
PROFANITY,  punishment  for,  .  .    163 

PROSECUTING  ATTORNEY,  duties  of,  67 
PROVISIONS,  unwholesome,  penalty 

for  selling,     .  .  .  .164 

QUARTSIIXASTER-GENERAL,    ..         .78 


102 


INDEX. 


RAILROADS,  22;  offenses  upon  and  in 

relation  to  railroads  and  carp,     .     155 
[See  Internal  Improvements.] 
REBELLION,  Michigan  in  the  war  of,      24 
RECEIVING  STOLEN  PROPERTY,         .    152 
REFORM  SCHOOL,  .  .  .98 

REGISTER  OF  DEEDS,  duties  of,         .      69 
RELIGIOUS  MEETINGS,  disturbance  of,    163 
REPLEVIN,  action  in,    . 
REPRIEVES,         .  .  •  .57 

REPUBLIC,  defined,        .  .      39 

RIGHTS  AND  DUTIES,     . 
ROAD,  driving  of  teams  upon,  .    127 

ROBBERY,  penalty  for, 
SABBATH,  observance  of,         .  •    124 

SAGARD,  Father,  missionary,  .       9 

SCHOOLS,  district  officers  of,  92;  law 
compelling   the    attendance    of 

children 93 

[See  State  Public  School;  Re 
form  School ;  formal  School: 
State  University;  Agricultural 
College.] 

SCHOOL  INSPECTORS,  duties  of,          .      75 
SECRETARY  OF  STATE,  duties  of,  57; 
of  United  State*;  of  Treasury; 
of  War,  172;  of  the  Navy;  of  the 
Interior,        ....    173 
SECTIONS,  of  land,  how  surveyed,    .      32 
SHADE  TREES,  injuries  to,      .  .    154 

SHEEP,  diseased,  penalty  for  import 
ing,     .  .134 
SHERIFF,  duties  of,       .           .          68,160 
SOVEREIGNTY,  defined,                       .      36 
STATE, defined,  . 
STATE  BOARDS,   .  60 
STATE  OFFICERS,  duties  of,                .56 
STATE  PRISON,    .                                  . 
STATE  PUBLIC  SCHOOL, 
STATE  SUPERINTENDENT  OF  PUBLIC 

INSTRUCTION,  .  .      58 

STATE  TREASURER, 

STRAY  BEASTS,  .  .  .    129 

SUMMONS,  Justices',     .  .      81 

SUPERINTENDENT  OF  SCHOOLS,  coun 
ty,  duties  of, 

SUPERINTENDENT    OF    PUBLIC   IN 
STRUCTION,    .                                .      58 
SUPERINTENDENTS  OF  THE  COUNTY 
POOR,            .... 
SUPREME  COURT,  of  the  State,  juris 
diction  of,  90;    of    the    United 
States 


SUPERVISORS,  election  and  duties  of, 

65,  66,  73 
SURVEY  OF  PUBLIC  LANDS,     . 
SURVEYORS,  county,  duties  of,  .      69 

TAX,  defined;  assessment    and  col 
lection  of;  basis  for;  property  ex 
empt  from,  100;  when  a  lien  up 
on  land,  apportionment  of,          .    102 
TECUMSEII,  Indian  warrior,    .  .      14 

TELEGRAPHIC  messages,  penalty  for 

divulging  contents  of,        .  .    165 

THAMES,  battle  of,         .  .      14 

THEATRICAL      EXHIBITIONS       AND 

SHOWS, 

THREATS,  malicious,  148;  to  intimi 
date  laborers,          .  .  .    162 
TIMBER  MARKS,  destruction  of;  tim- 
berfloating,  128;  destroying  or  re 
moving  timber  from  the  lauds  of 
another,         .           .  .154 
TOWNSHIPS,     subdivisions    of.    32; 
government  of.  meetings,  72;  offi 
cers,  election  and  duties  of,         .      73 
TOWNSHIP  BOARDS, 
TRADING  POSTS, 

TREASON,  defined,  punishment  for,    147 
TOLEDO  WAR,     .  •      17 

TREASURER,  State,  58;    county,  67; 

township, 
TREATIES,  of  1783,  13;  1795,  16;  1819, 

15;  1821, 

TRIALS,  in  Justices'  Court,      . 
UNCLAIMED  PROPERTY,            .           .    132 
UNIVERSITY  OF  MICHIGAN.      .            15,  94 
UTTERING  or  publishing  forged  in 
struments,    .           .  157 
VESSELS,    willful     destruction     of: 
fitting  out    with    malicious    in 
tent,    153 

VICE-PRKSIDENT     of     the      United 

States,  .  .  .  .173 

[See   President  and  Vice-Presi 
dent.] 

VILLAGE,  what   constitutes;  incor 
poration  of, 

WAR,  of  1812,13,14;  of  theRebelMon,      24 
WARRANT,    Justices'    (civil),  when 

issued,  81;  criminal, 

WEIGHTS  AND  MEASURES,       .  .    107 

WILLS,  how  executed  and  proved,      .      88 
WINCHESTER,  General,  .          .      14 

WITNESSES,  in  Justices'  Court;  oath 

or  affirmation  of,    .  .  .      8* 

WOODS,  setting  fire  to,  .  .    167 


ADDENDA. 


THE  TOLEDO  WAR  —  SETTLEMENT  OF  THE  DIFFICULTY  BY  CONGRESS. 

By  the  ordinance  of  1787,  it  was  contemplated  that  a  line  due  east  and  west 
through  the  southern  extremity  of  Lake  Michigan,  should  be  the  dividing  line  be 
tween  the  two  tiers  of  States  to  be  erected  out  of  the  Northwestern  Territory. 

On  the  30th  of  April,  1802,  Congress  enacted  a  law  "  to  enable  the  people  of 
the  eastern  division  of  the  territory  northwest  of  the  river  Ohio,  to  form  a  consti 
tution  and  State  government,  and  for  the  admission  of  the  same  into  the  Union.'" 
The  second  section  of  that  act  is  as  follows:  "  That  the  said  State  shall  consist  of 
all  the  territory  inclufled  within  the  following  boundaries,  to  wit:  bounded  on  the 
east  by  the  Pennsylvania  line,  on  the  south  by  the  Ohio  river,  to  the  mouth  of  the 
Great  Miami,  on  the  west  by  a  line  drawn  due  north  from  the  mouth  of  the  Great 
Miami  aforesaid,  and  on  the  north  by  an  east  and  west  line  drawn  through  the 
southerly  extreme  of  Lake  Michigan,  running  east,  after  intersecting  the  due  north 
line  aforesaid,  from  the  mouth  of  the  Great  Miami,  until  it  shall  intersect  Lake 
Erie,  or  the  territorial  line,  and  thence  with  the  same  through  Lake  Erie  to  the 
Pennsylvania  line  aforesaid/1 

Pursuant  to  this  act,  a  constitutional  convention  was  called  and  a  constitu 
tion  framed.  The  article  prescribing  the  boundaries  of  the  State  was  in  the  lan 
guage  of  the  section  above  recited,  but  is  followed  by  the  following:  "Provided 
always,  and  it  is  hereby  fully  and  expressly  declared  by  this  convention,  that  if  the 
southerly  bend  or  extreme  of  Lake  Michigan  should  extend  so  far  south  that  a  line 
drawn  due  east  from  it  should  not  intersect  Lake  Erie,  or  if  it  should  intersect  the 
said  Lake  Erie,  east  of  the  line  of  the  mouth  of  the  Miami  river  of  the  Lake,  [now 
culled  the  Maumee]  then  and  in  that  case,  with  the  assent  of  the  Congress  of  the 
United  States,  the  northern  boundary  of  this  State  shall  be  established  by,  and 
extended  to  a  direct  line  running  from  the  southern  extremity  of  Lake  Michigan, 
to  the  most  northerly  cape  of  the  Miami  [Maumee]  Bay,  after  intersecting  the  due 
north  line  from  the  mouth  of  the  Great  Miami  river  as  aforesaid,  thence  northeast 
to  the  territorial  line,  and  by  the  said  territorial  line  to  the  Pennsylvania  line." 

Although  Ohio  was  admitted  into  the  Union  under  this  constitution,  Congress 
did  not,  in  terms,  assent  to  the  proviso  as  to  boundary;  but,  on  the  contrary,  in 
1805,  clearly  dissented,  by  organizing  Michigan  as  a  separate  territory,  fixing  as  its 
soitthern  boundary,  the  line  contemplated  by  the  ordinance  of  1787. 

In  1807,  the  General  Assembly  of  Ohio  passed  a  resolution  instructing  her 
senators  and  representatives  in  Congress  to  use  their  influence  to  obtain  the  pas- 

13 


194  ADDENDA. 

sage  of  a  law  to  ascertain  and  define  the  northern  boundary  line  of  this  State,  and 
fix  the  same  agreeably  to  the  proviso. 

In  1812,  the  Surveyor-General  of  the  United  States  caused  two  lines  to  be  run, 
one  in  conformity  with  the  enabling  act  of  Congress,  and  the  other  as  called  for  by 
the  proviso.  The  line  claimed  by  Michigan  was  called  the  Fulton  line,  and  that 
claimed  by  Ohio  was  called  the  Harris  line. 

Notwithstanding  the  protests  of  Ohio,  Michigan  continued  to  exercise  juris 
diction  over  the  disputed  territory,  without  serious  opposition,  until  1834  or  1835, 
though  the  Court  of  Common  Pleas  of  Wood  County,  soon  after  its  organization,  in 
1820,  attempted  to  exercise  jurisdiction  north  of  the  Fulton  line.  The  people 
refused  to  acquiesce,  and  the  attempt  was  abandoned. 

On  the  22d  of  December,  1834,  the  General  Assembly  of  Ohio  adopted  a  me 
morial  to  Congress,  in  which  this  language  occurs:  "The  occupation  by  the  terri 
tory  of  Michigan,  of  an  integral  part  of  her  domain,  has  thus  far  been  suffered  by 
Ohio,  because  of  its  unimportance,  while  the  northwestern  quarter  of  the  State 
remained  a  wilderness,''  etc. 

This  memorial  was  duly  presented  to  Congress,  and  at  the  session  of  1834-5, 
John  Quincy  Adams  made  an  elaborate  report  against  the  claim  of  Ohio. 

In  the  case  of  Daniels  m.  Stevens,  lessee,  reported  in  the  19th  Ohio  Reports, 
Chief  Justice  Hitchcock,  in  delivering  the  opinion  of  the  Court,  says'  ,'At  the 
session  of  the  General  Assembly  at  which  this  memorial  was  adopted,  Jhat  body 
seems  to  have  come  to  the  determination  to  assert  the  rights  of  the  State  without 
further  delay,  for  the  action  of  Congress.  By  an  act  passed  February  23d,  1835,  (33 
Ohio  L.  L.  92)  entitled  '  an  act  defining  the  northern  boundary  of  certain  counties  in 
this  State,'  it  is  provided  in  the  first  section,  l  that  the  counties  of  Williams,  Henry, 
Wood,' etc.  'shall  extend  to  and  be  bounded  on  the  north  by  a  line  run  from  the 
southern  extremity  of  Lake  Michigan  to  the  most  northern  cape  of  Maumee  Bay,' 
etc.  The  same  act  provides  that  certain  townships  north  of  the  Fulton  line  shall 
be  attached  to  the  counties  which  they  adjoin.  All  the  provisions  of  this  act,  go 
to  show  that  up  to  the  time  of  its  passage  the  jurisdiction  over  the  territory  had 
been  in  Michigan. 

"  By  the  same  act  the  Governor  was  authorized  to  appoint  commissioners  to 
survey  the  northern  boundary  of  the  State,  according  to  the  proviso  in  the  consti 
tution.  Commissioners  were  appointed  accordingly,  but  they  were  prevented  from 
running  this  line  by  the  people  of  Michigan.  In  consequence  of  this  failure  and 
the  resistance  of  Michigan,  the  General  Assembly  was  convened  in  special  session 
on  the  8th  of  June,  1835,  at  which  session  the  county  of  Lucas  was  organized,  made 
up,  In  a  great  measure,  of  this  disputed  territory.  This,  however,  did  not  quiet  the 
difficulty,  for  although  the  Court  of  Common  Pleas  attempted  to  exercise  and  did, 
to  a  certain  extent,  exercise  jurisdiction,  still,  according  to  the  agreed  case,  Michi 
gan  exercised  the  same  jurisdiction  as  before.  The  difficulty  was  not  ended  until 
June,  1836,  when  Congress  passed  a  law  fixing  this  boundary  in  accordance  with  the 
wishes  of  Ohio." 

At  the  spring  election  of  1836,  a  double  set  of  local  officers  were  elected;  one 
§et  under  Michigaft  laws  and  one  under  the  laws  of  Ohio. 

The  Sheriff  of  Monroe  county,  Michigan,  at  the  head  of  a  considerable  force, 
marched  into  the  disputed  territory,  and  carried  off  to  Monroe,  some  of  the  would- 
be  citizens  of  Ohio,  who  aspired  to  the  honors  of  the  local  offices  under  the  laws 


ADDENDA.  195 

of  Ohio.  Thereupon  Gov.  Lucas  of  Ohio  levied  troops  and  encamped  at  old  Fort 
Miami,  eight  miles  above  Toledo,  and  four  miles  above  the  disputed  territory. 

Michigan  was  about  to  apply  for  admission  as  a  State,  and  insisted  on  the  line 
as  originally  established,  and  made  preparations  to  resist  a  party  of  surveyors  sent 
bv  the  authorities  of  Ohio  to  re-survey  the  line.  The  surveyors  were  driven  off  by  a 
party  of  Michigan  men.  Learning  that  Ohio  would  send  troops  to  take  possession 
of  the  disputed  territory,  acting  Governor  Mason  called  out  the  militia  of  the  terri 
tory,  and  as  Commander-in-chief,  placed  himself  at  their  head,  and  marched  u  to 
the  front.11 

No  enemy  appearing  to  oppose  him,  he  marched  boldly  into  Toledo,  overrun 
ning,  it  is  said,  all  the  watermelon  patches  in  his  route,  and  making  sad  havoc 
among  the  fowls  of  the  neighboring  farmers.  "He  demolished  the  ice-house  of 
Maj.  Stickney,  burst  in  the  front  door  of  his  residence,  and  triumphantly  carried 
him  off  a  prisoner  of  war  to  Monroe.11 

A  case  of  considerable  interest,  Piatt  vs.  Oliver  and  others,  in  which  the  ques 
tion  of  State  jurisdiction  became  important,  is  reported  in  2  McLean,  267,  (U.  S. 
Circuit  Court)  establishing  the  right  of  jurisdiction  to  be  in  Michigan  until  1836. 
The  case  was  appealed  to  the  Supreme  Court  of  the  United  States,  where  the  juris 
diction  over  the  disputed  territory  was  treated  as  rightfully  and  clearly  in  Michi 
gan.  3  Howard' 's  E.  333. 

The  acts  passed  by  the  General  Assembly  of  Ohio,  in  relation  to  the  "North 
ern  Boundary,11  indicated  a  determination  to  hold  the  disputed  territory,  if  blood 
and  treasure  could  do  it.  On  the  19th  of  June,  1835,  three  hundred  thousand  dol 
lars  was  appropriated,  "  to  be  paid  out  of  the  treasury  on  the  order  of  the  Auditor 
of  State  for  the  purpose  of  defraying  the  expense  of  carrying  into  effect  the  laws  in 
regard  to  the  northern  boundary.'1 

The  following  account  of  the  conclusion  of  the  war  was  furnished  by  an  actor 
in  the  "scenes  which  he  depicts,'1  and  published  in  Howe's  Historical  Collection: 

"  About  this  time  appeared  from  the  Court  of  Washington,  two  ambassadors, 
with  full  powers  to  negotiate  with  the  belligerents,  for  an  amicable  settlement  of 
difficulties.  These  were  Richard  Rush,  of  Pennsylvania,  and  Colonel  Howard,  of 
Maryland.  They  were  successful  in  their  mission,  chiefly  because  Michigan  was 
satisfied  with  the  laurels  won,  and  Ohio  was  willing  to  stand  on  her  dignity — 8  miles 
from  the  ground  in  dispute.  At  the  Court  next  holden  in  Wood  county,  the  prose 
cuting  attorney  presented  bills  of  indictment  against  Gov.  Mason  and  divers  others, 
in  like  "manner  offending;  but  the  bills  were  thrown  out  by  the  grand  jury.  Thus 
was  Ohio  defeated  in  her  resort  to  law  as  she  had  before  been  in  her  passage-at-arms. 
At  the  next  session  of  Congress  the  matter  was  taken  up,  and  able  arguments  in 
favor  of  Ohio  were  made  in  the  house,  by  Samuel  F.  Vinton,  and  in  the  senate,  by 
Thomas  Ewing.  Here  Ohio  carried  the  day.  Michigan  instaad  of  the  narrow  strip 
averaging  about  eight  miles  wide  on  her  southern  border,  received  as  an  equivalent 
the  large  peninsula  between  Lakes  Huron,  Michigan  and  Superior,  now  so  well 
known  for  its  rich  deposit  of  copper  and  other  minerals.  The  chief  value  to  Ohio 
of  the  territory  in  dispute,  was  the  harbor  at  Toledo,  formed  by  the  mouth  of  the 
Maumee,  essential,  as  her  public  men  believed,  to  enable  her  to  reap  the  benefit  of 
the  commerce  made  by  her  canals  to  Cincinnati  and  Indiana.  The  result  has  shown 
that  they  judged  correctly.  Toledo  has  proved  to  be  the  true  point  for  the  meeting 
of  lake  and  canal  commerce.11 


AND 


TELEGRAPH    INSTITUTE. 


Great  advantages  to  all  who  wish  to  obtain  a  practical  knowledge  of 


BANKING,  RAILROADING,  STEAMBOATING,  COM 
MISSION,  JOBBING,  IMPORTING,  COMMER 
CIAL  LAW,  COMPOUND  CO.  BUSINESS, 
CORRESPONDENCE,    TELEGRA 
PHING  AND  PENMANSHIP. 

Scholarships  Good  in  our  Chain  of  Colleges  in 
Michigan  and  Wisconsin. 

The  course  is  conducted  on  the  Actual  Business  Plan,  Students  working 
from  actual  business  transactions,  which  is  far  in  advance  of  the  old,  mono 
tonous  plan  followed  by  many  institutions. 

Over  fifteen  hundred  of  our  students  are  now  filling  positions  as  book 
keepers,  telegraph  operators  and  business  men. 

BOARD  ONLY  $3.50  PER  WEEK.   . 

For  particulars  enclose  stamp  and  address  for  "College  Record." 


KALAMAZOO,  MICH. 


QQSAIMAK 


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YC  09169 


871606 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


